HomeMy WebLinkAboutC-906 - Extracting material from City disposal areat b
January 5, 1967
Mr. Jack M. Arnot, Assistant to the President
Sully - Miller Contracting Company
P. 0. Box 5239
Long Beach, 5, California
Dear Mr. Arnot:
This is to advise you and the Sully :filler Contracting Company that
the Newport Beach City Council has accepted the work which your
company performed to fill the excavated water hazard at the City
Dw::p. This releases your company from further liability with re-
gard to this hazard.
The City appreciates the time and effort which you and your company
conscientiously took to remedy this problem in the most expeditious
manner possible.
JPD /mjc
Sincerely,
JAMES P. DE CHAINE
Administrative Assistant to the
City Manager
C
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
/! November 28, 1966
__ D
TO: CITY COUNCIL �. 1
l'.
FROM: City Manager
SUBJECT: ACCEPTANCE OF WORK DONE BY THE SULLY- MILLER CONTRACTING COMPANY AT
CITY DUMP TO FILL AN EXCAVATED WATER HAZARD.
/ RECOMMENDATION:
V Accept the work as completed on or before the November 9th deadline and
release the Sully- Miller Company from further liability.
DISCUSSION:
In conjunction with the City's contract with Sully - Miller Contracting
Company which allowed for the extraction of base material from the City dump,
the contractor was obligated to leave the property at an elevation of at least
five feet above *lean Lower Low [dater upon termination of the agreement. Be-
cause of an existing excavated water hazard, on November 9, 1965 the City
made a demand upon the company that immediate measures be taken to fill the
hazardous excavation. The City Council approved a requested time extension
until May 9, 1966 to accomplish this work. This six months time extension
proved to be inadequate when the winter rains of last season accentuated the
excavation problem. The Council subsequently approved another time extension
until November 9, 1966.
The work has been inspected and the company has completed its obligation
to the satisfaction of the City. It is therefore requested that the Council
accept the work and relieve the Sully - Miller Company of any further obligation
or liability with regard to the contract in question.
HLH /JPD /mjc
HARVEY L.e.T
GRflDING
PAVING:
W 4 a 'L'
3000 EAST SOUTH STREET, P. 0.80% 5239, LONG BEACH 5, CALIFORNIA • 630-6211 • 7]4 -0]14
November 9, 1966
Mr. Harvey Hurlburt
City Manager
City of Newport Beach
City Hall
Newport Beach, California
Dear Mr. Hurlburt:
In compliance with the signed agreement dated December V, 1965, whereby
Sully- Miller agrees to fill the water hazard at the City pits at Brookhurst
and Hamilton within six months to an elevation of 5 feet to mean low low
water and which the City has extended the time for completion to November
9, 1966, we hereby formally notify the City that in compliance with all the
necessary restrictions and limitations imposed on Sully- Miller by said
agreement have been met and all obligations have been filled, the site has
been graded, the fencing removed, all hopefully to your satisfaction.
We thank you for the opportunity of working with the City and look forward
to continued good relations with you.
JMA :kg
cc: Mr. R. F. Molyneux
Mr. Jake Mynders,
Director of Public Service,
59Z Superior, Newport Beach
Yours truly,
Yeack M. Arnot
Assistant to the President
CERTIFICATE
OF INSURANCE Leatherby Insurance Service, Inc. L I s
218 East Commonwealth Avenue
Box 568 Fullerton, California
LA 6-4603 Ow 1 -0718 SYMBOL OF SERVICE
NAMED SULLY— MILLER CONTRACTING COMPANY
INSURED 3000 East South Street
Long Beach, California
CERTIFICATE City of Newport Beach
ISSUED TO City Hall
Newport Beach, California
Attn: Mr. Harvey Halburt, City Manager
THIS IS TO CERTIFY that the INDUSTRIAL INDEMNITY COMPANY 6 HARBOR INSURANCE COMPANY
has issued, to the insured named herein, policies of insurance which provide, subject to the provisions,
conditions and limitations contained therein, and during their effective period, coverage as described
below:
KIND OF INSURANCE
POLICY NUMBER
POLICY PERIOD
LIMITS OF LIABILITY
COMPENSATION
EFF 10/1/65
CR 316835
STATUTORY CALIFORNIA COMPENSATION —
WORKMEN'S COMPENSATION
E %P 10/1/66
LIABILITY
BODILY INJURY LIABILITY—
753500
AUTOMOBILE
AUTOMOBILE
$5,000,000
BODILY LIABILITY-
and
10/1/64
Combined Single Limit of
EXCEPT AUTOMOBILE
EFF
Liability — per occurrence
PROPERTY DAMAGE LIABILITY—
102268
10/1/67
Including completed operatic
AUTOMOBILE
E %P
PROPERTY DAMAGE LIABILITY —
EXCEPT AUTOMOBILE
AUTOMOBILE PHYSICAL DAMAGE
COMPREHENSIVE
EFF
f
FIRE, LIGHTNING a TRANSPORTATION
f
THEFT
EXP
f
COLLISION OR UPSET
A C V LESS f DEDUCTIBLE
LOSS PAYABLE TO
REMARKS
COVERAGE INCLUDES BLANKET CONTRACTUAL
City of Newport Beach being named additional insured as respects the Balmoral Pit,
a 40 acre dumpsite owned by the City of Newport Beach located at Brookhurst and
Hamilton, in Costa Mesa, California
This policy shall not be canceled nor materially reduced in coverage until after 30 days written notice of such can -
celation or reduction in coverage shall have been mailed to this certificate holder.
November 24, 1965
Iv
AUTHORIZED REPRESENTATIVE ��/
ATA
4 10
CITY OF NEWPORT BEACH
CALIFORNIA
April 12, 1966
Jack M. Arnot, Assistant to the President
Sully - Miller Contracting Company
Post Office Box 5239
Long Beach 5, California
Dear Mr. Arnot.
This is to advise you that the City Council. at its meeting of April 11,
confirmed our recommendation to extend the agreement between Sully -
Miller and the City of Newport Beach. dated December 27, 1965, for an
additional six months.
It is now our understanding that Sully- Miller will cause the excavated
pit to be filled in to an elevation of at least 5 feet above mean low,
low water, no later than November 9, 1966. It is, of course, the City's
desire that this hazardous and unattractive nuisance be improved as soon
as possible and that Sully- Miller can complete the filling in of this
excavated area long before the November 9 deadline.
By signing and returning the enclosed carbon of this letter, Sully - Miller
acknowledges that it fully understands and will comply with the terms
of the extension of the December 27 agreement.
Sincerely,
HARVEY L. HURLBURT
City Manager
HLH /JPD /mm
Received and approved on April 14 1966
(Date)
BY:
Phil L. -Luce, President
1 i AGREEMENT
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3' THIS AGREEMENT, mace and entered into this day of
4 1965, by and between the CITY OF NEWPORT BE,
5Ila municipal corporation, hereinafter referred to as "City ", and
6IiSULLY- MILLER CONTRACTING COMPANY, a corporation, hereinafter refe
7 to as "Company ";
81 RECITALS:
9 Reference is made to that certain agreement dated April
10 27, 1964, between the parties hereto wherein City granted Company
111 the right to extract base material from the following described
12 real property owned by the City:
13 All that certain property lying in the City of Newport
Beach, County of Orange, State of California, con -
14 demned by the City in Orange County Superior Court
Action No. 59481.
151
16 Said agreement further provided that the Company's right
17 to extract base material pursuant to the agreement would terminate
18 Ion May 12, 1965. On page 5, paragraph 11, of said agreement it is
19 !provided that "upon the expiration of this agreement, or the termi-
20 7:iation thereof as provided herein, whichever occurs sooner, the
21 (entire area from which Company has, under this agreement or hereto -
22 fore, removed material shall upon demand by City be brought up to
23 an elevation of at least five feet above Mean Lower Low �;Tater by
241 Company, at its sole expense ". The Company has created an excavati
251!Ipit at the southwesterly end of said property which has become fill
26: with water and which constitutes a hazardous condition.
271l On November 9, 1965, the City made a demand upon the
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Company that immediate measures be taken by the Company to fill
(said hazardous excavation and to take interim measures to keep
children and other unauthorized persons out of the danger area.
Company has proposed that it be allowed a six months' extension of
time to complete the operation of filling said hazardous excavation
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pit. City is willing to grant said requested extension of time
provided that Company complies with certain terms and conditions
as hereinafter set forth.
NOW, THEREFORE, in consideration of their mutual promises,
the parties agree as follows:
1. City agrees to allow Company an extension of time
until May 9, 1966, to complete the work of filling the hazardous
excavation pit referred to above.
2. In consideration of the City's consent to extend
the time for performance by Company, the Company agrees to comply
with the following terms and conditions:
(a) Company will commence the work of filling said
excavation pit and will pursue such work diligently to com-
pletion prior to May 9, 1966. The entire area to be filled
shall be brought up to an elevation of at least five feet above
Mean Lower Low Water.
(b) Company will use imported fill material from a
source other than the surrounding City property in the filling
operation; the fill used shall be of solid material of a
quality satisfactory to the City General Services Director.
(c) Company will immediately cause a fence to be
built around the perimeter of said excavation pit. Said
fence shall be adequate to prevent access to the excavation
pit area by all unauthorized persons and shall be subject to
the approval of the City General Services Director.
(d) Company agrees to hold the City harmless from
any and all claims, actions or judgments for damages for wrong-
ful death, personal injury, or damage to property arising out
of or connected with the maintenance or existence of said
excavation pit or based upon the negligence of either Company
or City.
(e) Company shall within ten days following the
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execution of this agreement furnish the City Attorney with
evidence satisfactory to him that the City has been named as
an additional insured on the comprehensive liability insurance
policies maintained by the Company with respect to the risk of
liability created by the existence of said excavation pit.
3. City reserves the right to require Company to fill
additional areas of the City -owned property from which base material
has been excavated in accordance with the provisions of the agree-
ment of April 27, 1964.
IN WITNESS WHEREOF, the parties have executed this agree-
ment as of the day and year first above written.
CITY OF NEWPORT-BEACH
By izg
Mayor
Attest:
City Clerk
CITY
SULLY - MILLER CONTRAC� COMPANY
Attest:
APPROVED AS TO FORM:
c�
ju ey o r, City Attorney
of the City o Newport Beach
3.
s
2 1� 62MUM!
3 I IFIS AGTtEMEN , u<sde t)�.44 entereet into this _14_ day of
4 1%5, by and between the CM OF NEWPORT BA
„�.. �...:...,�f
5 municipal corporation, hereinafter referred to as "City ", and
6 SULLY-MILLER CONTRAi:IM CWAxy, a corporation, hereinafter refe
7 to as "Company ";
8 KFZfTALE:
9 References is made to that certai -n agreement dated April
10 270 19649 between the parties ha eto wherein City granted Company
11 the right to extract: base material from the following described
12 re„:° property owned by the City:
13 All that certain property lying in the City of Newport
Beach County of Orange, State of California, con -
14 damned by the City in Orange County Superior Court
Action No. 59451.
15
16 Said agreement farther provided that the Company's right
17 to extract base material pursuant to the agreement would terminate
18 east May 12, 1965. On page 5, paragraph 11, of said agreement Et is
19 provided that "upon tlia expiration of this agreement, or the termi-
20 nation thereof as provided heer.cAin, whichever occurs sooner, the
21I e=ntire area from which Company has, under this agreement or hereto-
22 Fore, removed material shall upon demand by City be brought up to
23 i an elevation of at least five feet above Mean Lower roar Water by
24 cAWnYp at its sole expenses ". The Company has created an excavat�iote
25 pit at the southwesterly end of said property which has beca" fillet
26 with water and which constitutes a hazardous condition.
27 On November 9, 1965, the City made a dieewuand upon, the
28 Company that immediate measures be taken by the Company to fill
29 sai.d hazardous excavation and to raiee:: :interim measures to keep
30 chl —ldren and other unauthorized persons out of the danger area.
31 Cerny has proposed r::at it be Hallowed a six months' extension of
32 time to complate the operation of filling said hazardous excavation
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pit, Cit; is milling to grant said requested extension of time
Provided that Company c ompUes with certain terms and conditions
a3 hereinafter set fart's;..
NMv rHERI!M, its consideration of their 8utual promises
the parties agree as followst
1. City a - ;reea to allow Company an extension of time
until May 9, 1%6, to complete the work of filling the ba"rdous
excavation pit referred to above.
2. U., ccmaideration of the Giryos consent to extend
the time for performance by Company, the Company agrees to comply
with the following terms and condit.ionst
(a) Company will commence the work of filling said
excavation pit and will pursue arch work diligently to com-
pletion prior to May 9, 1966, The entire area to be filled
shall be brought, tap to an elevation of at least five feet
Mean Lower Low Water.
(b) Company will use imported fill material from a
source other than they surrounding City property in the filling
operation; the .fill used shall be of solid material of a
quality satisfactory to the City General Services Director.
(c) Company will immediately cause a fence to be
built around the perimeter of said excavation pit. Said
fence shall be adequate to prevent access to the excavation
pit area by all unauthorized persons and shall be subject to
the approval of the City General. Services Director.
(d) Company agreas to mold the City harmless from 1
any and all, claims, actions or Judgments for damages for vrong�
ful death, personal injury, or damage to property arising out
of or connected with the maintenance or existence of said
excavation pit or used upon the negligame of either Company
or City.
(e) Company shall within ten clays following the
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exe*"ton of this asreement #-urnisb the City AttOraaY ith
evidence satisfactory 'to him that the City has boon rxam" as
as additional insured on Lhe compreh=sive liability insurance
palieies rzintained by the Company with respect to ttia VLSI of
Ilability created by the existence of said excavation pit.
3. City re3erves the right to rmpire Company to fUl j
additional areas of the City -owned property from which base material)
has bow excavated in accordance ^�:.th ttxe provisions of the agree-
imeut of April 27, 1964.
IN WIITUSS WMREOF, the parties have executed this agree -
ment as of the day and year first above written.
CITY OF NEWPMT BrAC3
By
i_'
Attest*
"Utty Ulark
CITY
SULLY - MILLER CONTRACTING CWAKY
By __4sl_ R, C. Sully
Its Prr�g i dent.
,ittest-
Arp&�YWIWD AS' 740 FORP:
W-
n�lydR. SGYWUXO City Attorney
of tic City &f Newport Beach
3,
is Ass t. Secretary
N
THSoaem
11/30/65
RESOLUTION NO. 6261
E
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH SULLY - MILLER CONTRACTING COMPANY
WHEREAS, the City of Newport Beach and Sully - Miller Con-
tracting Company were parties to an .agreement dated April 27,
1964 wherein the City granted said company the right to extract
base material from a portion of the City's disposal area des-
cribed therein, which right, pursuant to said agreement, termi-
nated on May 12, 1965; and
WHEREAS, the City has made demand upon company to
fill the excavation pit created by their operations as pro-
vided by said agreement and company has requested an extension
of time to comply with such demand, which City is willing to
grant; and
WHEREAS, there has been presented to the City Council
an agreement by which the City would allow said company an extension
of time, until May 9, 1966, to complete the work of filling the
hazardous excavation pit under certain conditions set out in said
agreement; and
WHEREAS, the City Council has considered the terms and
conditions of the aforesaid agreement and found them to be reason-
able and equitable;
NOW, THEREFORE, BE IT RESOLVED that said agreement be
approved and the Mayor and City Clerk are hereby authorized and
directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this 27th day of Deaemberr 19650
Mayor
ATTEST;
City C er
4
64 '(9)
ACRE NT
1
2 THIS AGREEMENT, made and entered into this 27th day of
3�1 April, 1964, by and between the CITY OF iEWPORT BEACH, a municipal
4 corporation, hereinafter referred to as "City ", and SULLY-MILLER
51 CONTRACTING COMPANY, a corporation, hereinafter referred to as
I
6 "Company ";
7 WITNESSETH:
8 WHEREAS, Company entered into an agreement with City on
9 January 26, 1953, providing Company the right to extract base
10 material from a portion of City's disposal area, and a second
11 agreement on May 13, 1957, for a term of three years, which was
12 extended for an additional term of three years; and
13 WHEREAS, said agreement was extended to May 12, 1964,
14 and the parties wish to extend the term for an additional year as
15 hereinafter provided; and
16 WHEREAS, City has determined that the proper and orderly
19 excavation and use of the quantities of base material from the
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property by the Company as provided herein would not interfere with
the use of said property by the City as a disposal area or with the
subsequent beneficial use thereof; and
WHEREAS, it appears to be for the best interests of the
citizens of the City that this agreement be entered into;
NOW, THEREFORE, in consideration of their mutual promises
the parties agree:
1. City hereby grants to Company to and including May
12, 1965, the right to take base material from the following
described real property:
All.that certain property lying in the City of Newport
Beach, County of Orange, State of California, con-
demned by the City in Orange County Superior Court
Action No. 59481,
under the following conditions:
A. Company shall have the right to extract base
or
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material from areas of said property designated in writing
by City. Such areas may be changed from time to time as
deemed necessary by City, and in each instance written
notice of said change shall be given Company. The total
amount of base material to be removed during the term
hereof shall not exceed 50,000 cubic yards.
B. City may also designate an area or areas
to be used by Company for the purpose of storing or placing
overburden and not for excavation. Such areas shall be
designated in writing and may from time to time be changed
by designation in writing of another or different area;
provided, however, that the areas designated for storing
overburden shall, insofar as practicable, be located near
the area currently being used for excavation by Company.
2. Company agrees that it will continue its operation
of removing said base material in an orderly sequence so as to ma
available to the City for its dumping purposes the space from
said base material has been removed. In this connection, the City
shall have the right to use the property covered herein for dumping
purposes, but it will conduct its dumping operations in such a
manner as not to interfere with the Company's operations.
3. Company agrees to pay to the City the greater of the
following two sums: (a) the sum of $750.00 for the term hereof
or (b) a sum equal to 12¢ per cubic yard for all base material
removed from the subject property during the term of this agree-
ment. Said 12¢ per cubic yard shall be computed from certified
weight tickets and shall be paid to the City monthly, on or before
the 15th day of the following month.
In the event that this paragraph is interpreted as a
sale of personal property and subject to sales taxes by state or
local governments, Company hereby agrees to pay any and all sales
taxes.
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4. City agrees that during the term hereof Company may
use any roadway located on the subject property for a haul road
either to 19th Street and Whittier Avenue or to any other public
street in the vicinity. The City shall have the right to use any
such roads on the property for any of the City's operations on the
demised premises.
The Company shall have the right to use the roads on the
subject property for purposes other than the hauling of base
material from the property. However, this shall not give Company
the right to use the property for anything other than the excavat
of said material. Company shall not have the exclusive right to
use any such roads, and the City, its agents, employees, lessees,
or other parties contracting with the City may use roads on the
property for any purpose with City permission.
5. The City shall have the right to remove pit run
material from the demised premises at its own expense. The right
of the City to remove pit run material from the demised premises
at its own expense shall not be assignable to others. The City
shall have the right throughout the term .of this agreement to
purchase from the Company such screened or processed material,
when available, from a bunker or stockpile on the demised premises
at the rate of 50¢ per ton, f.o.b. bunker or stockpile.
However, if the City desires to purchase a given amount
of such screened or processed material at a given time, in quanti-
ties which can be produced by Company's operations on the subject
property, or if the City desires to have such processed or screened
material delivered at any particular place within the City limits
of the City of Newport Beach, or if the City desires to have any
of the pit run material delivered at any particular place within
the City limits of the City of Newport Beach, the City shall give
the Company 30 days' notice in writing of the amount of such
material it desires to purchase or have delivered, and the price
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to be paid by the City shall be as follows:
Processed material f.o.b. bunker or stockpile, 75¢
per ton;
Processed material delivered in City, $1.25 per ton;
Pit run material delivered in City, 75¢ per ton.
6. It is understood that the base material is covered
with an overburden which must be removed by the Company before it
can extract the base material. The overburden shall be available
for use by the City or its assignees, free of charge by the Company
it being understood that the City or its assignee shall take said
overburden at the entire expense of the City or its assignee.
Company shall not remove any overburden from the premises without
obtaining the prior written consent from City.
7. It is further understood and agreed that the Company
will not refill any excavations made by it without the consent and
approval of the City and that any such refilling shall be done
only under the direction of the City.
8. Company agrees to obtain and maintain throughout the
term of this agreement, public liability and property damage
insurance so as to protect the City from any and all liability
resulting from the operations of the Company in connection with
the demised premises in an amount of $100,000.00 for liability to
one person, $300,000.00 for liability to more than one person, and
$25,000.00 for damage to property. Said insurance policies shall
specifically name the City of Newport Beach as an insured.
9. In the event that Company shall default in any of
the terms, conditions or covenants hereof and said default shall
continue for a period of 30 days after notice thereof in writing to
Company, then the City may, at its election, declare said agreement
terminated. In this connection, Company waives any compensation f
the forfeiture of said agreement or the possession of said demised
premises and agrees that any notice which is required to be given
4.
1 by City may be sent by registered mail, postage prepaid thereon, to
2 Company at such address as shall have been furnished in writing by
3 Company to the City.
4 10. In the event that it is necessary, Company agrees to
5 pay all costs and reasonable attorneys fees that may be incurred by
6' City in enforcing the covenants and conditions of this agreement.
7 11. Upon the expiration of this agreement, or the termi-
8 nation thereof as provided herein, whichever occurs sooner, the
9 entire area from which Company has, under this agreement or hereto -
10 fore, removed material shall upon demand by City be brought up to
11 an elevation of at least five feet above Mean Lower Low Water by
12 Company, at its sole expense.
13 IN WITNESS WHEREOF, the City of Newport Beach has caused
14 its corporate name and seal to be affixed by its Mayor and City
15 Clerk thereunto duly authorized by resolution of the City Council
16 of the City of Newport Beach, duly passed and adopted at a regular
17 meeting thereof held on the 27th day of April, 1964, and the
18 Company has caused its corporate name and seal to be affixed by
19 its proper officers thereunto duly authorized by resolution of its
20 Board of Directors.
21
22 CITY OF NEWPORT BEACH
By % t.
23 Mayor
24 Attest;
25
—s qty Cler
26
27 SULLY- MILLER CONTRACTING COMPANY
28 By
29 —
30 Attest,
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ILI
. MMUSo Omm bus boo pwoso"" to as City COU"ll of
thO (;ItY of 01 1 t Beeah a on -twin amt god* W" MW City
of &"Pat sawwwas" to ftLly-mil" cmts=tAs;& awoimw a*
riot. ft amt ban mtwjAl gnu a partum of as city# a
A'SP*Mt aOra as sus Psvasul&vlY set ZOS*b *=*lm; and
tuo City COW", b" caft"des" do tmw told
OMWWAUX Of GoAd *Weamt and lewd Woo to bo U MA OqA•
tole;
=at 2'mkz=Xs w 17 1"'Xwva eme a* maym md city
CUWk UO OutbOUlMd m 41VMS" to as " =W OR bg%W of
do Ciq of � ftach*
ADM= this 27th day of AW116 ILO",
A2=tt
RDING
PAVING
3000 EAST SOUTH STREET, P.O. BOX 3239, LONG !EACH S, CALIFORNIA • 610-6211 • 771-0714
March 28, 1966
Mr, Harvey L. Hurlburt
City Manager
City of Newport Beach
Newport Beach, California
Dear Sir:
J" 5
Sully- Miller Contracting Company hereby formally requests permission to
extend its May 9, 1966 deadline, for the filling to an elevation of 5 feet above
mean low low water the excavation pit at the westerly end of the city's pro-
perty, to November 9, 1966.
As per the Agreement dated December 27, 1965 between Sully - Miller and
the City of Newport Beach, Sully - Miller has complied with the promise to
immediately fence, at its sole cost, the pit excavation, as well as hold harm-
less and accept all liabilities in conjunction with any lawsuits which might
arise due to said excavation, while at the same time, naming the City as an
additional beneficiary for additional comprehensive coverage.
Due to extremely severe and unusual inclernant weather this past winter, the
anticipated volume of volunteer solid fill from the surrounding community
was not generated due to an inability to work on a muddy or water - filled grade.
Consequently the excavation will not be filled by the May 9th deadline.
Barring any unforeseen circumstances, enough municipal and private solid
fill is and will be generated between now and the requested November 9th
deadline to fulfill the necessary 10, 000 y3 of fill necessary to meet our
agreement.
Thank you for your cooperation.
aE: Respectfully,
ack M. Arnot
Assistant to the President
JMA:kg
GRRD]NG - v 11L
a I N G : —
tN
3000 EAST SOUTH STREET, P.O. BOX 5239, LONG #EACH 5, CALIFORNIA 630 -6211 774 -0714
April 14, 1966
Mr. Harvey L. Hurlburg
City Manager
City of Newport Beach
City Hall - 3300 West Newport Blvd,
Newport Beach, California
Dear Mr, Hurlburt:
Enclosed please find an executed copy of the extension agreement.
We would like to take this opportunity to thank you for your help and
cooperation in obtaining this extension. We will strive to eliminate
the water hazard as quickly as possible before the termination date
of November 9, 1966.
We would also respectfully request to be informed of the results of
the study that was made on the economic use of the 40 acres owned
by the City and which is now being used as a dump site so that we
might plan our future aggregate acquisition in the area in accordance
with same.
Thank you again.
Respectfully,
Jack M. Arnot
Assistant to the President
JMA:kg
Enclo sure
LJ
April 12, 1966
Jack M. Arnot, Assistant to the President
Sully - Miller Contracting Company
Post Office Box 5239
Long Beach 50 California
Dear Mr. Arnots
This is to advise you that the City Councils at its meting of April 11,
confirmed our recommendation to extend the agreement between Sully -
Miller and the City of Newport Beach, dated December 27, 1965, for an
additional six months.
It is now our understanding that Sully - Miller will cause the excavated
pit to be filled in to an elevation of at least 5 feet above Sean low,
low water, no later than November 9, 1966. It is, of course, the City's
desire that this hazardous and unattractive nuisance be improved as soon
as possible and that Sully - Miller can complete the filling in of this
excavated area long before the November 9 deadline.
By signing and returning the enclosed carbon of this letter, Sully - Miller
acknowledges that it fully understands and will comply with the terms
of the extension of the December 27 agreement.
Sincerely,
HARVX4 L. HURLBURT
City Manager
HLH /JPD /mm
Received and approved on
(Data)
BY:
J
,
• • •r
„
March 30, 1966
Mr. Jack M. Arnot, Assistant to the President
Sully- Miller Contracting Company
P. o. Box 5239 .�.
Long Beach, 5, Caliyornia
Dear Mr. Arnot:
Thank you for your letter of March 28 in which you request an
extension of the deadline for filling the excavated pit at the westerly
end of the City's property.
Although the last agreement between the City of Newport Beach
and Sully - Miller, entered into on December 27, 1965, called for the
pit to be filled in to an elevation of 5 feet above mean low low water
no later than May 9, 1966, the City recognizes that due to inclement
weather and additional problems, it will be difficult to meet this dead-
line. Since Sully- Miller appears to have acted in good faith and is
truly attempting to heir commitment, and because the area has
been fenced in and be nt al improvement has been made, your request
of extension to November 9 to complete the task appears to be in order.
This matter will require Council action, and the staff will
recommend such a proposed extension for Council consideration on April 11.
Hopefully, Sully - Miller will be able to proceed posthaste and complete
the filling in of this excavated area earlier than the proposed Novem-
ber 9 deadline.
We appreciate your sincerity in this matter and are pleased to
see Sully- Miller cooperating with us to solve the hazardous problem.
HLH /JPD /mac
Sincerely,
HARVEY L. HURLBURT
City Manager
' GRADING
PAVING
3000 EAST SOUTH STREET, P.O. BOX 5239, LONG BEACH 5, CALIFORNIA - 630 -6211 • 774 -0714
March 28, 1966
Mr, Harvey L. Hurlburt
City Manager
City of Newport Beach
Newport Beach, California
Dear Sir:
Sully - Miller Contracting Company hereby formally requests permission to
extend its May 9, 1966 deadline, for the filling to an elevation of 5 feet above
mean low low water the excavation pit at the westerly end of the city's pro-
perty, to November 9, 1966.
As per the Agreement dated December 27, 1965 between Sully- Miller and
the City of Newport Beach, Sully- Miller has complied with the promise to
immediately fence, at its sole cost, the pit excavation, as well as hold harm-
less and accept all liabilities in conjunction with any lawsuits which might
arise due to said excavation, while at the same time, naming the City as an
additional beneficiary for additional comprehensive coverage.
Due to extremely severe and unusual inclemant weather this ,past winter, the
anticipated volume of volunteer solid fill from the surrounding community
was not generated due to an inability to work on a muddy or water - filled grade.
Consequently the excavation will not be filled by the May 9th deadline,
Barring any unforeseen circumstances, enough municipal. and private solid
fill is and will be generated between now and the requested November 9th
deadline to fulfill the necessary 10, 000 y3 of fill necessary to meet our
agreement.
Thank you for your cooperation.
Respectfully,
-Jack M. Arnot
Assistant to the President
JMA: kg
Mr. Jack Arnot
Sully- Miller Contracting Company
3000 E. South Street
P. O. Box 5239
Long Beach 5, California
Dear Mr. Arnot:
March 25, 1966
In compliance with your request, we are enclosing a copy
of the Agreement authorized by Resolution 6261 adopted
on December 27, 1965.
Yours very truly,
Margery Schrouder
City Clerk
City of Newport Beach
MS:lcl
Encl.
November 10, 1965
Mr. Arthur McKenzie
City Manager
City Hall
Costa Mesa, California
Dear Art:
Your office recently expressed concern about the water - filled excavation
on the western portion of the refuse disposal site of the City of Newport
Beach. This is to inform you of the action taken by the City of Newport
Beach to eliminate the potential hazards in the area of concern.
The Sully- Miller Construction Company created the excavation by extrac-
ting soil materials under a contract with the City of Newport Beach.
The Company, by terms of the contract, is obligated to fill the excavation
with solid materials.
On November 3, 1965, the City of Newport Beach directed the Sully- Miller
Company in writing to expedite the filling of the excavation. On Novem-
ber 9, in a conference with City officials, Mr. Robert C. Sully, President
of the Sully - Miller Company, agreed to fill the excavation to specified
ground level with solid materials not later than six months from this
date. Pill material.is now being deposited in the excavation, and
Mr. Sully hopes to complete the operation within three months. The
City of Newport Beach has also posted the entire area with warning signs.
Mr. Sully further agreed to have erected an adequate fence which will
completely encompass the excavated area no later than November 19. This
should serve as an additional deterrent to trespassers during the period
while the filling operation is being conducted.
Please inform those who have been concerned with this problem of our
intended actions, and assure them of our continuing efforts to eliminate
the potential hazards in the area as rapidly as possible.
Sincerely,
HARVEY L. HURLBURT
City Manager
HLH /JPD /mjc
GRADING
PAVING}
3 -
T
MILL
3000 EAST SOUTH STREET, P. O. BOX 5239, LONG BEACH 5, CALIFORNIA • 630 -6211 • 774-0714
November 10, 1965
Mr. Harvey Hurlburt
City Manager
Newport Beach City Hall
Newport Beach, California
Dear Sir:
In compliance with your request during our meeting
on November 9, 1965 in your office, Sully- Miller Contracting
Company hereby agrees to fill in the existing pond area at
the Costa Mesa borrow pit site within six (6) months of this
date so as to alleviate the present water hazard. It further
agrees to begin fencing of same area to provide a temporary
barricade against any unauthorized persons entering the area.
Sully- Miller Contracting Company agrees to hold the
City harmless and accept all responsibility for any law suit
or legal action that may arise due to the existence of said
pond.
We sincerely hope to have your continued good will in
the future as we have enjoyed in the past.
Yours truly,
SULLY - MILLER �NTR
&QTING COMPANY
R. C. SULLY, President
RCS:dt
F
November 3, 1965
Mr. R. C. Sully, President
Sully- Miller Contracting Company
P.O. Box 5329
Long Beach 5, California
Dear Mr. Sully:
In our most recent contract dated May 13, 1964, to extract
sand and gravel from the Newport Beach City dump, you agreed to
the following clause:
"Upon the expiration of this agreement, or the
termination thereof as provided herein, whichever
occurs sooner, the entire area under lease shall
be brought up to an elevation of at least five
feet above mean lower low water by company at its
sole expense."
As you are aware, the westerly section of the property which
has been excavated is now filled with water and debris. This
liquid fill is over six feet in depth and, needless to say, poses
an extreme hazard to the lives of children and animals. The
clause referred to above has yet to be complied with by your
company. It has been almost six months since the May 12, 1965
expiration date.
During recent months the City of Newport Beach has been
severely criticized for the above mentioned "attractive nuisance."
Much of the criticism has come both directly ana indirectly from
the City and the citizens of Costa Mesa. Before this problem
gets further magnified and anything of serious consequences hap-
pens, the City requests that immediate action be taken to fill
in the area of concern. It has been reported that one child was
hurt and one dog has drowned in the swampy portions of the soil
cut area. As lives of children are at stake in this matter, and
in order that nothing more serious occurs, causing both Newport
Beach and the Sully Company to be confronted with possible law
Page -2-
suits, the City requests that you take prompt action to speed
up the fill process.
Although the contract remains silent on both the date be-
fore which the area had to be filled in with solid materials,
we hope that you will see fit to recognize the urgency and ser-
ious implications of this matter and will direct that the pro-
blem be promptly alleviated.
The City has periodically posted "No Trespssing" signs
on this property - usually to little avail. Heretofore, any
signs have either been destroyed or removed by vandals within
one week after posting, on Friday, October 29, twelve addition-
al "No Trespassing" signs were placed on the property. As of
today three of these signs have been removed. Hopefully, the
others will remain in place, at least until you have completed
the fill -in process. In the meantime, some consideration should
be given to fencing off that portion of the property as a greater
deterrent to juvenile trespassers.
We would like to hear from you on this matter in the im-
mediate future.
Sincerely,
HARVEY L. HURLBURT
HLH /JPD /mm City Manager
CITY OF NEWPORT BEACH
Date 2 Aurunt 1965
NO.
MEMO To: Public Works Director
FROM: General Services Director
SUBJECT. Engineering Survey of City Refusal Disposal Site
1. At the request of Yx. Hurlburt. I am submitting to you
the following outline of suggested information and
questions which I believe should be considered for in-
clusion in the specifications for the forthcoming survey
of the City Dump property.
21 P ose of sows : To develop data with which to deter
Tne a most economical future use and disposition of the
property. The data provided by the survey should include
but not to be limited to the following:
A. Volume of salable materials, and Dump capacity and
life:
(1) Computation of the precentage of the property
already utilised for refuse disposal and / or excay.
ation for materials, to include depth of refuse land-
fill or excavation by section.
(2) Computation of the volume of salable materials
remaining to be extracted, by section.
(3) Estimation of the price per unit (ton or cubic
yard) which the City can expect to obtain by sale of
such materials on an • as is - where is " basis, based
on an analysis of the quality of such materials and the
current and projected market prices in this area.
(4) Computation of the volume of space which would
remain for refuse disposal operations after extraction
of salable materials, and the estimated life of this
capacity based on current and projected refuse dumping
rates.
(j) Computation of fill material required, by section,
to cover refuse deposits and fill the area to recommended
elavations for ultimate optimum land utilisation.
(6) Computation of volume^ �iil material remaining after
materials extraction.
4
B. Land utilization and market value: There appear$ to
be e c alterna ves, with possible variation
of each, which should be considered by the survey in
determining possible land uses, potential revenue and
ultimated property value:
(1) For what purposes could the property be utilized
In its present state, with no furt ing, filli
or materials extraction? two her d e e limitations
on Its use wo d be the estimated current and
projected (10 -15 -20 yrs) market value of the property?
(2) What would be the ultimate possible uses and limit-
ations on use if dumping operations were discontinued now
materials extra ion waa co uc a code oii n_ n d iT
upon completion of this operation?
(3) What would be the possible ultimate land uses and
limitations if the property were fully exploited for mat-
property upon
completion of this operation?
C. Costs, losses, savings and revenues: Utilizing the data
evelope n a a ve, a summary balance sheet should
be drawn up to show for each of the alternatives in B above,
the following:
(1) Costs to the City of discontinuing refuse dumping on
the property and hauling refuse to the Orange County Coyote
Canyon Landfill.
(2) Loss of revenue to City if materials extraction is
discontinued.
(3) Savings to City if refuse dumping is continued on
property to ultimate capacity.
(4) Revenue to City if materials extraction is continued
to completion.
(5) Ultimate market value of the land in each of the
three alternatives.
3. Additional information required: The survey should in add -
on provide the following:
A. Considering possible land uses and limitations, the rec-
commiended elevations, slope, contour and drainage which
should be established in each section of the property if
either refuse or solid landfull operations are continued.
0 i
B. The optimum solution, with coat and land -value com-
parisons, for handling the problem of the major drain-
age channel which now bisects the property. Possibil-
ities include: relocation of the drainage and utiliz-
ation of present channel for additional dumping capacity;
installation of storm -drain pipe in present channel, and
utilization of remaining space for additional dumping cap-
acity.
C. Providing that the alternative of full exploitation of
materials extraction and refuse dumping capacity proves
to be the most economically advantageous course of action,
the survey should provide a coordinated future schedule of
materials extraction and refuse landfill operations.
4. Factors to be considered: The survey should take cognizance of
e following ac ors n its land use and market value consider-
ations:
A. Possible development by commercial interests of a Marina
adjacent to the western edge of the City property.
B. Effect of proposed freeway routes.
C. Possible City of Costa Mesa requirements for right -of -way
easements for extension of streets.
D. Possible State action to obtain aggregate materials from
City property for freeway construction projects.
5. The above material is not complete and requires refinement.
However, I hope that it will be of assistance to your depart-
ment in developing the guidelines for the projected survey.
Jac F. Mynderse
General Services Director
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January 3, 1965
Sully- Miller Contracting Company
3000 E. South Street
P. O. Box 5239
Long Beach 5, California
Gentlemen:
On December 27, 1965 the Council of the City of Newport
Beach adopted Resolution 6261 authorizing the execution of
an agreement with your company. A copy of Resolution
6261 and an executed copy of subject agreement are enclosed
herewith.
Since this is an extension of Contract No. 906 with additional
provisions, a new number has not been assigned to the new
agreement.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS:lcl
Encls.
cc: Public Works Director
Finance Department
Date
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
January 3, 1965
Contract No. 906 (December 27, 1965 extension of contract and additional
provisions, etc.)
Authorized by Resolution No. 6261 , adopted on December 27, 1965
Date Mayor and City Clerk executed Contract December 27, 1965
Effective date of Contract December 27. 1965
Contract with Sully- Miller Contracting Company
Address 3000 E. South Street
P. O. Box 5239
Long Beach 5, California
Brief description of Contract Extension of original contract with additional
provisions regarding filling excavation pit, the building of a
fence, etc.
Amount of Contract
City Clerk
December 9, 1965
To. Honorable Mayor and City Council
From- City Attorney
Subject- Proposed agreement with the Sully - Miller
Contracting Company concerning a hazardous
excavation pit located at the city dump site
During the period from January 26, 1953 to May 12, 1965,
the Sully - Miller Contracting Company was engaged in the extrac-
tion of base material from the city disposal site pursuant to
a contract with the City. As a result of the extraction oper-
ation by Sully - Miller, an excavation pit was created at the
southwesterly end of the disposal site which became filled with
storm waters. After Sully- Miller ceased operations at the City
disposal site, the City received a number of complaints from
the residents in the area, school officials, and the Costa Mesa
Police Department that the excavation pit was hazardous to
children and had become an attractive nuisance.
Based upon these complaints and our own evaluation of the
situation, the City made a request that Sully- Miller take immed-
iate steps to fill the excavation pit and that interim measures
be taken to keep children and other unauthorized persons out of
the danger area.
On November 9, 1965, a meeting was held at the City Man-
ager's office with Mr. R. C. Sully, President of Sully - Miller.
At the meeting, we informed Mr. Sully of the seriousness of
the situation and requested that the Company commence immediately
to fill the excavation site and to provide protective measures
for the safety of small children. Mr. Sully stated that it
would require approximately six months to complete the filling
operation with imported fill material. From the City's stand-
point, it is desirable that imported fill material, be used
rather than taking fill material from the surrounding City
property.
As a result of our discussion, the following points were
agreed to by Mr. Sully on behalf of the Company:
(1) The Company will be allowed an extension of time,
until May 9, 1.966, to complete the work of filling the
excavation pit.
(2) In consideration of the City's consent to an exten-
sion of time for completion of the filling operation, the
,wUiVClu Company agrees to do the following:
_2 - 3 t�
0!SFOSMON: (a) Company will pursue the work diligently to
4� ,, /,,),,completion prior to May 9, 1966, and will fill the
iILE:
excavated area to an elevation of at least five feet
above Mean Lower Low Water. The Company will use
- imported fill material from a source other than the
surrounding City property in the filling operation.
(b) The fill used shall be of solid material of a
thti quality satisfactory to the City General Services
Director.
✓ IrOUNCIL:
/ ,2 -.2 7 -�oJ
FILE:
0 0
(c) The Company will immediately cause a fence to
be built around the perimeter of the excavation pit.
The fence shall be adequate to prevent access to the
excavation pit area by all unauthorized persons.
(d) The Company agrees to hold the City harmless
from any and all claims for damages.
(e) The Company agrees to furnish the City with
comprehensive liability insurance protection.
The foregoing commitments on the part of the Company have
been included within the agreement which is before you for
Council consideration. The City Manager and the City Attorney
concur in recommending approval of the agreement.
/
Tully Se r
City Attorney
THS aem
2. .
0
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
To: Don Means, Purchasing Agent
From: City Attorney
0
May 12, 1964
Subject: Insurance coverage provided by Sully- Miller in con-
nection with the contract to extract base material
from the City dump
The evidence of insurance coverage now in the file is adequate
under the new contract dated April 27, 1964.
Walter W. Charamza
City Attorney
By �- -- -
Tu Seym _ --
THS :mec Assistant City Attorney
r
I 2 A C. 0- v b
Sam ?Rcv,D ✓ S Garf -�Y -��. -'
c
N S R A .4 c c C, c 12 7 , r L' A, C j
0
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No. C -906
P
Date May 4, 1964
Authorized by Resolution No. 5959 , adopted on April 27, 1964
Date Mayor and City Clerk executed Contract April 30, 1964
Effective date of Contract May 12, 1964
Contract with Sully - Miller Contracting Company
Address P. O. Box 5239
Long Beach 5, California
Brief description of Contract Extraction of base material from City's
disposal area
Amount of Contract see Contract
City Cle: k
yS �
City Clerk
' May 4, 1964
General Services Advisor .Bill Covert
City Clerk Marger"chrouder
In compliance with your request, attached is a
copy of the agreement between the City of New-
port Beach and gully- Miller Contracting Com-
pany, which was authorized by Resolution No.
5959, copy of which is also attached.
MS:mv
Encs.
r
May 4, 1964
Sully- Miller Contracting Company
3000 East South Street
P. O. Box 5239
Long Beach 5, California
Attention: Helen Carter, Assistant Secretary
Gentlemen:
Enclosed is a completely executed copy of the
contract between the City of Newport Beach and
Sully - Miller Contracting Company, granting the
right to extricate base material from a portion
of the City's disposal area. A copy of Resolution
No. 5959, authorizing the execution of subject
agreement, is also attached.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS:mv
Enc s.
cc: Public Works Department
GRADING S I -MIbL
PAVING
3009_ EAST SOUTH STREET, P. O. R^QK.-"39,.LONG BEACH 5, CALIFORNIA
City of Newport Beach
City Hall
3300 West Newport Blvd.
Newport Beach, California
630 -6211 • 774 -0714
April 20, 1964
Attn: Mr. Donald C. Simpson
Public Works Director
Gentlemen:
In answer to your letter of April 16, 1964, we
enclose original and two copies of signed con-
tract for extraction of base material from the
City's disposal area.
We look forward to receiving our copy of the
fully executed contract.
Thank you.
:HC
encls
Yours truly,
SULLY-MILLER CONTRACTING COMPANY
By
Assistant Secretary
RECEIVED
APR 21 1964
PUBLIC WORKS DEPT,
CITY OF NEWPORT BEACH
April 15, 1964
To: City Clerk
From: City Attorney
Subject: Agreement with Sully - Miller Contracting. Company
Transmitted is a copy of the proposed contract with Sully- Miller
for extraction of base material from the City's disposal area,
together with a resolution which, if adopted by the City Council,
will authorize its execution on behalf of the City.
The original and other copies of the contract have been sent to
the Public Works Director to obtain execution thereof by the
company. It is suggested that the matter be referred__to.the_
City Council at the meeting of April 27,_1964, if t� ecnted
documear 'ha_s_ been- received by- then
WWC:mec
Encs.
cc - City Manager
Public Works Director
Finance Director
Z 7- G•9
!-_595q
O
Walter W. Charamza
City Attorney
4�
' RECEIVED
CITY CLERK
APR 1 51964►
NEWPORT I BEACH �(
� CALIF.
0
CITY OF NEWPORT BEACH
I t.
�'.+ i
6
April 15, 1964
To: Public Works Director
Frog= City Attorney
Subjeet: Agreement with Sully-Miller Contracting Company
Forwarded are the original and three copies of the proposed
contract with Sully - Miller for extraction of base material
from the City's disposal area. It is suggested that it
be subm4tted to Sully - Miller for execution, if satisfactory,
and thereafter transmitted to the City Clerk for consideration
by the Council.
A resolution authorising execution by the City of said agreement
has been transmitted to the City Clerk for presentation to the
Council an April 27 if the agreement has been executed by the
company and returned by that time.
WWC:meC
Encs.
CC - City
City Clark r
✓
Finance Director
Walter W. Charamsa
City Attorney
• 0
TO: CITY COUNCIL j
FROM: CITY MANAGER AND PUBLIC WORKS DIRECTOR /
SUBJECT: AGREEMENT WITH SULLY - MILLER FOR USE OF CITY DISPOSAL SITE
RECOMMENDATION:
APPROVE AGREEMENT AND ADOPT A RESOLUTION AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE AGREEMENT.
THE SUBJECT AGREEMENT PROVIDES FOR A ONE YEAR EXTENSION OF THE
EXISTING AGREEMENT WITH THE SULLY- MILLER CONTRACTING COMPANY OF LONG BEACH
FOR THE REMOVAL OF BASE MATERIAL FROM THE CITY DISPOSAL SITE AT 19TH STREET
AND WHITTIER AVENUE. THIS NEW AGREEMENT DIFFERS FROM THE EXISTING AGREE-
MENT IN THAT IT ALLOWS FOR MATERIAL TO BE REMOVED FROM ANY LOCATION ON THE
SITE DESIGNATED IN WRITING BY THE CITY.
THE AGREEMENT IS LIMITED TO A ONE -YEAR PERIOD AND ALLOWS FOR A
REMOVAL OF UP TO 50,000 CUBIC YARDS OF BASE MATERIAL. THE ESTIMATED REVENUE
TO THE CITY IS $6,OOO.00 PER YEAR.
THIS NEW AGREEMENT WILL PROVIDE THE FLEXIBILITY REQUIRED TO COORDI-
NATE THE REMOVAL OF BASE MATERIAL WITH THE OPERATION OF THE DUMP SITES AND
WILL ALSO PERMIT THE.EXISTING DRAIN, WHICH PRESENTLY DIAGONALS ACROSS THE DUMP
SITES TO BE RELOCATED TO THE WESTERLY PROPERTY LINE.
PREPARED BY:
J t8LIC DEVLIN
P KS DIR ECTOR
RC:JTD:vs
00SEACOOP 07
CITY MANAGER
b
APR 2 3 ?
NEWpPo OF
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