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Attachment 4 - Exhibit "B" - Conditions of Approval

Manteca City Council
January 18, 2022

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Attachment 4 - Exhibit "B" - Conditions of Approval
Meeting
January 18, 2022
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Manteca City Council
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Text extracted from the city's file for reading and search. Open the original on manteca-ca.legistar1.com. That file is the official record.

City of Manteca
Development Services Department
Conditions of Approval
Raymus Office Building
Site Plan Review 21-74
November 18, 2021
Project Name: Raymus Office Building
Project Files: Site Plan Review SPC 21-74
Applicant: Wilson Architecture, ATTN: Norman Wilson, 609 15th St., Modesto, CA 95354
Project Location: 617 W Yosemite Ave., Manteca, CA 95337 (APN: 223-230-23) This list of conditions is not intended to be a comprehensive list of City regulations. All conditions are referenced to the Plans (dated May 2021) which are on file with the City of Manteca, Development Services Department.

This Site Plan Review is approved, as shown on the exhibits (dated May 2021) and attachments, and as modified by the following conditions of approval, subject to final review and approval by the City of Manteca.

The Site Plan Review and the Minor Use Permit approvals shall expire two years from this date on November 4, 2023, unless altered and/or extended per State law. Prior to expiration the owner/developer may apply for an extension, to be approved by the Development Services Director, not to exceed a total of one year from original date of expiration.

All conditions of approval shall be satisfied by the owner/developer. If at any time, any of the Conditions of Approval are found to be in non-compliance, City enforcement action may be implemented, pursuant to Manteca Municipal Code, Article 1, Chapter 1.10. All costs associated with compliance with the conditions shall be at the owner/developer’s expense.

Utility Companies: The applicant is responsible for contacting all appropriate utility companies to obtain agreements for extension and/or relocation of services necessary for the proposed development.

Fees: Developer shall be responsible for contacting all affected agencies, and for the timely payment of all applicable fees associated with this project.

This approval does not vest Landowner’s rights regarding the payment of any development impact fees, exactions and dedications, processing fees, inspection fees, plan checking fees or charges, or any other fee or charge that could have been legally imposed by the City when the original application was deemed complete. All fees and charges shall be paid at the rate in effect at the time such fees are customarily due.

All ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the project and public improvements to be constructed by the Developer shall be those in force and effect at the time the applicable plan or permit approval is granted.

This approval shall not preclude the application to development of the property of changes in City laws, regulations, plans or policies, the term of which are specifically mandated and required by changes in State or Federal laws or regulations.

This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, presentations made to staff, Planning Commission and/or City Council as affirmed to by the applicant. Any variation from these plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation.

The applicant shall comply with all regulations and code requirements of the Community Development Director, City Engineer, Building Official, Fire Chief, the Police Chief and any other agencies requiring review of the project. If required, these agencies shall be supplied copies of the final maps, site plans, public improvement plans, grading plans and building plans.

All conditions of approval for this project shall be written by the project developer on all building permit plan check sets submitted for review and approval. These conditions of approval shall be on, at all times, all grading and construction plans kept on the project site. It is the responsibility of the building developer to ensure that the project contractor is aware of, and abides by, all conditions of approval. Prior approval from the Planning Manager must be received before any changes are constituted in site design, grading, building design, building colors or materials, etc.

Should the project be found, at any time, not to be in compliance with any of the Conditions of Approval, or should the applicant construct or operate this development in any way other than specified in the Application or Supporting documents or presentations to staff, Planning Commission or City Council, as modified by the Conditions of this Approval, then the terms of this Approval shall be considered to be violated.

With respect to any claim, action of proceeding against the City, its officials, employees or agents relating to the action or inaction of the City in reviewing, approving or denying entitlements of any type, the Developer agrees to indemnify, hold harmless and defend the City and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs, and liability for claims of damage, for any property damage or personal injury, including death, which may arise as a result of any negligent acts or omissions by Developer or Developer’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation, of the Project. Developer agrees to indemnify, hold harmless and defend the City and its officers, agents, employees, and representatives from any and all actions for damages caused or alleged to have been caused by Developer’s activities in connection with the Project. This Agreement applies to all damages and claims for damages suffered or alleged to have been suffered arising out of or in connection to any and all Project operations, regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project.

All activities undertaken in accordance with this approval shall comply with the City’s General Plan and Municipal Code. In cases of conflict with the City’s Municipal Code or map-specific conditions of approval, the governing priority shall be, to the extent legally permitted, as follows: 1) Municipal Code regulations; 2) project-specific conditions; 3) standard conditions.

Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.

This project is subject to all of the requirements and codes set forth in the City of Manteca Municipal Code and Zoning Ordinance.

City of Manteca Planning Division
Toben Barnum, Assistant Planner (209) 456-8517
Developer shall ensure ongoing compliance with City of Manteca Performance Standards, pursuant to Manteca Municipal Code Chapter 17.58.

Applicant/developer shall ensure all roof mounted equipment shall remain screened from public street view.

All signage shall be submitted as a separate building permit from the Building Division and shall comply with Chapter 17.54 of the Zoning Ordinance. No signage has been approved with this Minor Plan Modification.

All on-site lighting for parking areas, pedestrian areas and vehicular or pedestrian paths of travel shall be LED lighting. Any new lighting is required to submit a photometric plan for review showing it complies with the following standards (17.50.060.D.):

Parking lots, driveways, trash enclosures/areas, public phones, and group mailboxes shall be illuminated with a minimum maintained 1 foot-candle of light and an average not to exceed 4 foot-candles of light. The illumination shall not exceed 10 foot-candles in any one location.

Pedestrian walkways shall be illuminated with a minimum maintained 0.5 foot-candle of light and an average not to exceed 2 foot-candles of light.

Entryways and exterior doors of nonresidential structures shall be illuminated during the hours of darkness with a minimum maintained 1 foot-candle of light, measured within a 5-foot radius on each side of the door at ground level.

All on-site lighting fixtures shall be downward cast and shielded to prevent glare and light trespass onto neighboring properties. In order to minimize light trespass on abutting residential property, illumination measured at the nearest residential structure or rear yard setback line shall not exceed the moon’s potential ambient illumination of one-tenth foot-candle (MMC 17.50.060.D.4) The site shall be permanently maintained in a neat and clean manner free of weeds, trash and debris.

Required planting areas shall be permanently maintained by water, clearing debris and litter, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. All landscaping shall be maintained in such a manner as to not restrict designated pedestrian access. All trees, shrubs, and plants which, due to accident, damage, disease, or other cause, fail to show a healthy growth shall be replaced, in kind, pursuant to the approved landscape plans within 30 days from the identified damage date. (MMC 17.48.060.A) To ensure clear vehicular and pedestrian visibility, the tree provided in the frontage landscaping planter shall be removed. Pursuant to MMC 1748.050.K.2, landscaping in the frontage planter area shall be maintained to a maximum of 30” in height at full maturity.

Landscaping and lighting shall be maintained to compliance with Crime Prevention Through Environmental Design (CPTED) guidelines. Shrubs shall be limited to two feet in height, and mature trees shall be limbed up to six feet above the ground. Dead or dying plants shall be replaced with materials of equal size and similar variety. (MMC 17.48.040.J) City of Manteca Building Safety Division
Lumen Arceo, Senior Plan Check Engineer (209) 456-8560
Van accessible parking space complying with CBC § 11B-502 shall be provided as follows:

Van parking space shall be 12 feet wide minimum, shall be marked to define the width, and shall have 5 feet adjacent access aisle complying with Section 11B-502.3.

Van parking space shall be permitted to be 9 feet wide minimum where the access aisle is 8 feet wide minimum.

Access aisle shall be on the passenger’s side.

Detectable warnings at hazardous vehicular areas shall be 36 inches in width. If a walk crosses or adjoins a vehicular way, and the walking surfaces are not separated by curbs, railings or other elements between the pedestrian areas and vehicular areas, the boundary between the areas shall be defined by a continuous detectable warning complying with Sections 11B-705.1.1 and 11B-705.1.2.5. CBC Section 11B-705.1.2.5.

At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zone; public streets and sidewalks; and public transportation stops to the accessible building(s) or facility entrance they serve. Where more than one route is provided, all routes must be accessible. CBC §11B-206.2.1.

Including the trash enclosure.

Walking surfaces that are a part of an accessible route shall comply with CBC Section 11B-403 (slope, changes in level, clearances, etc.) The clear width for sidewalks and walks shall be 48 inches minimum.

All entrances and exterior ground-floor exits to buildings and facilities shall be accessible and shall comply with CBC § 11B-404. CBC § 11B-206.4.1.

Exterior walls shall have a fire-resistance rating not less than that specified in CBC Table 602. CBC Section 602.1. 2-hr fire-resistance rating is required for exterior walls less than 5’ fire separation distance.

Adequate sanitary facilities shall be provided per the requirements of Chapter 4 of the California Plumbing Code and CPC Table 422.1.

The Developer shall submit a pad elevation certification prepared by a licensed land surveyor or registered civil engineer to the Chief Building Official, certifying that the pad elevations and building location (setbacks) are pursuant to the approved plans prior to receiving a foundation inspection.

The project shall comply with the more restrictive of the outdoor potable water reduction requirements of the California Green Building Standards Code 4.304 and the Manteca Water Efficient Landscape Ordinance. Please note this on the plans.

At time of building permit, submittal the developer shall incorporate all Conditions of Approvals from all departments and imprint into the submittal set of construction documents/plans.

City of Manteca Engineering Division
Lauren Silva, Assistant Engineer (209) 456-8586
General
All improvements shall comply with the City of Manteca Standard Plans and Specifications. Improvement plans shall be submitted to the City Engineer for approval. An encroachment permit is required for all work within the public right-of-way.

Developer shall provide easements, requested by the respective utility companies, within the project. Any existing facilities within or adjacent to the project that are affected by this project shall be relocated and placed underground at the Developer’s expense.

Developer shall dedicate ten-foot (10’) wide public utility easements on all street frontages for underground facilities and appurtenances.

Developer shall indicate on the improvement plans topographical information which shall include one-foot (1’) contour intervals and benchmark data based on City datum.

During all construction phases, Developer shall comply with City Laws regarding dust control. Developer shall also comply with San Joaquin Valley Unified Air Pollution Control District Regulation VIII (Fugitive Dust Prohibitions) in an effort to reduce the amount of fine particulate matter (PM10) entrained into the ambient air from man-made sources.

Prior to the start of construction, all survey monuments that have the possibility of being damaged, destroyed or covered over during the course of construction for this project, shall be located and referenced by a licensed land surveyor and a corner record or record of survey shall be filed with the county surveyor. Survey monuments which are damaged, destroyed or covered over during the course of construction must be re-set at the original location with a new monument and monument box and another corner record or record of survey shall be filed with the county surveyor. All work in this condition shall be done by a licensed land surveyor.

Prior to or with the Building Permit plan set the following shall be submitted. Review and approval of these items by the Engineering Department must occur prior to or with the issuance of the first building permit associated with this project.

On-site grading and drainage plan,
On-site utility (sanitary sewer, water and storm drain) plan, Off-site improvement plan,
Erosion control plans,
Stormwater Pollution Prevention Plan (SWPPP),
Documentation, as required in the Post-Construction Stormwater Standards Manual, showing compliance with WQO NPDES 2013-0001-DWQ, and Dedication of required rights-of-way and easements to the City.

The plans specified in (a), (b) and (c) above shall be prepared by a Registered Civil Engineer.

The items in (d), (e) and (f) above shall be prepared by a Qualified SWPPP Developer (QSD).

Joint trench utility installation shall be in accordance with Manteca Municipal Code Chapter 13.34 and City Standards.

All address numbers shall be plainly visible from the street fronting the property. Said numbers/letters shall contrast with background.

Developer shall enter into an Improvement Agreement for construction of the roadway and utility improvements which will be dedicated to the City. The agreement will require posting a Performance Bond in the amount of one-hundred percent (100%), posting a Labor-Material Bond in the amount of fifty percent (50%), and payment of all required plan check, testing and inspection fees.

Improvements which will be dedicated to the City must use a benchmark on the City of Manteca Vertical Control Network to establish the elevations of the improvements. The benchmark used shall be noted on the Improvement Plans.

Site
On-site parking area pavement surface drainage slope shall be as follows: Minimum cross-slope on asphalt concrete is 2% or concrete is 1% with a maximum of 5%. Concrete valley or curb gutters shall have a minimum slope of 0.25%. The pavement slope in ADA areas shall be in accordance with the California Building Code, Chapter 11B.

Provide City Standard Refuse/Recycling Enclosures on-site at the locations shown on the site plan. Sizing shall be in accordance with City Standards.

The refuse enclosure shall be graded so there is no storm drain or other flow run-on or run-off from the enclosure area. The enclosure area shall have a connection to the sanitary sewer system or a connection to the storm system, in compliance with the City’s Post-Construction Manual.

On-site curbing shall conform to City of Manteca Standard ST-35, "Parking Area Curbs”.

Developer shall ensure no buildings are constructed across property lines.

Landscape planting at driveway entrances/exits shall be maintained to a maximum height of three and one-half feet (3.5’).

Developer shall sign and stripe both sides of the drive aisle as No Parking.

Streets
Existing driveways which are not to be used by this project shall be removed and replaced with sidewalk, vertical curb and gutter.

Street improvements and City easement dedications shall be completed as a condition of the first final inspection of a building permit for this development. This shall be noted on the cover of the building permit submittal.

Developer shall install street lighting along the frontage of this project. The street light(s) shall maintain an average foot candle coverage of 0.40, with a minimum allowable foot candle at any location of 0.07 within the public right-of-way. A photometric plan, showing the foot candle coverage, shall be submitted with the Improvement or Building Permit Plans showing this requirement is met along the frontage of the project.

Developer shall remove and replace the existing sidewalk, curb and gutter along the E. Yosemite Avenue frontage of this project which is dilapidated, cracked or creates a tripping hazard. Sidewalk installed with this project shall be six inches (6”) thick. The areas shall be as directed by the City Engineer.

The existing curb and gutter along the street frontages of this project will be inspected prior to the final inspection of the site work building permit, once construction traffic is limited to project’s proposed driveway. The Developer shall remove and replace damaged or dilapidated sections of the curb and gutter, as instructed by the City.

The driveway installed with this project shall be in compliance with the latest revision of the California Building Code, Chapter 11B.

Water
Improvements shall be constructed in conformance with the latest version of the City Water Master Plan.

The update of the City’s Water Master Plan, Reclaimed Water Master Plan and Groundwater Sustainability Plan, including the evaluation of a Direct/Indirect Potable Reuse Facility are currently underway. This project will be required to participate in expansion of the infrastructure or facilities identified in the updated Master Plans and any correlating funding programs.

Existing wells within the boundary of the proposed development which are not approved for use by the City, shall be abandoned in accordance with San Joaquin County Public Health Services requirements.

The onsite water line shall be maintained by the Property Owner.

The onsite fire system shall be maintained by the Property Owner in perpetuity, in accordance with National Fire Protection Association (NFPA) 25 Fire Code, as amended.

Developer shall install double check detector check valves (DCDCV) where the fire hydrant/fire service line enters the site from the public water system. The DCDCV shall be installed immediately adjacent to the City right-of-way or a dedicated City access easement and shall be maintained by the property owner.

Developer shall install one meter for the domestic water system for this project. The meter shall be installed immediately adjacent to the City right-of-way. Piping and appurtenances downstream of the water meter are private and will be maintained by the property owner.

Developer shall install a backflow prevention device immediately downstream of the water meter. The backflow prevention device shall be maintained by the Property Owner.

Developer may install a separate water meter for the landscape irrigation system. The meter shall be installed immediately adjacent to the City right-of-way. Piping and appurtenances downstream of the water meter shall be maintained by the Property Owner.

Existing service connections to the City’s water mains which will not be used by this project shall be abandoned, as directed by the City of Manteca.

Storm Drainage
Improvements shall be constructed in conformance with the latest edition of the Storm Drain Master Plan, the City’s Post-Construction Manual and City Standards.

A preliminary storm drainage plan shall be submitted to the City Engineer for approval concurrently with the first improvement plan submittal. The plan shall be accompanied by calculations for peak flows, total runoff, pipe sizes, detention basin volume and evidence of groundwater depth.

This project shall submit calculations, per Chapter 3, Section 3.1 of the City’s Storm Drain Master Plan, showing attenuation of the storm drain flows for this project is not required.

All drain inlets shall be marked "No Dumping - Drains to River". Drain markers shall be purchased from the City of Manteca at cost plus 15% administrative charge, and installed by the Developer prior to acceptance of the improvements.

Developer shall incorporate appropriate site design measure(s) and submit the results of the Post-Construction Runoff Standards Manual. The City of Manteca approval of the proposed measures is precedent to issuance of any building, grading or construction permits.

Developer shall develop and submit a Project Stormwater Plan that identifies the methods to be employed to reduce or eliminate stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment control measures, and hydromodification control measures. Design and sizing requirements shall comply with the 2015 Post- Construction Stormwater Standards Manual. City of Manteca approval of the Project Stormwater Plan is precedent to issuance of any building, grading, or construction permits. Two paper copies and an electronic copy of the Project Stormwater Plan shall be provided to the City of Manteca Developer shall develop a hydromodification management plan to ensure the post-project stormwater runoff flow rate shall not exceed estimated pre-project flow rate for the 2-year, 24-hour storm. The hydromodification management plan shall be incorporated into the Project Stormwater Plan.

Developer shall develop and submit an Operations and Maintenance Plan that identifies the operations, maintenance, and inspection requirements of all stormwater treatment and baseline hydromodification control measures identified in the approved Project Stormwater Plan. City of Manteca approval of the preliminary Operations and Maintenance Plan is precedent to issuance of any building, grading, or construction permits. Two paper copies and an electronic copy of the Maintenance Plan shall be provided to the City of Manteca.

City of Manteca approval of the final Operations and Maintenance Plan and recordation of the Maintenance Access Agreement is precedent to first building final inspection for this project. Two paper copies and an electronic copy of the final Operations and Maintenance Plan shall be provided to the City of Manteca.

Post-Construction Management Practices shall conform to the City’s adopted Multi-Agency Post Construction Stormwater Standards Manual.

Where conflict between standards arises, the standard most-protective to water quality, to public health and safety, and against flooding shall be utilized.

Prior to any land disturbing construction activities occurring on a project, Developer shall meet the requirements of NPDES. For sites exceeding 1 acre of disturbance area that are deemed non-exempt, contractor shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) and apply for a permit under the California General Construction NPDES permit. SWPPP shall be prepared and signed by a Qualified SWPPP Developer (QSD) certified by the State Water Resources Control Board. All modifications to SWPPP shall be implemented by a QSD in responsible charge for the project. The SWPPP shall be implemented under the supervision of a Qualified SWPPP Practitioner (QSP). For permit information, contact the State Water Resources Control Board (SWRCB) at:

State Water Resources Control Board
PO Box 1977, Sacramento, CA 95812-1977
Attn: Storm Water Permitting Section
Telephone: (916) 341-5537
To log in to the SWRCB Storm Water Multiple Application and Report Tracking System (SMARTS) to enter site information and apply for permit, please contact the City of Manteca Engineering Department to establish a project and authorize data entry access.

All other sites shall conform to the City of Manteca Standards, the California Green Building Standards, and Section E.10 of the NPDES permit 2013-0001-DWQ. All construction involving land disturbing activities shall submit for approval an Erosion Control and Sedimentation Plan (ESCP) prepared and signed by a QSD. All ESCP treatment measures and BMPs must be maintained at all times until construction is completed and the site is stabilized as defined under the Construction General NPDES permit.

Prior to issuance of the first grading or building permit for a project, a copy of the SWPPP or ESCP shall be submitted by the developer and approved by Authorized Signatory or Legally Responsible Person (LRP) for the City’s NPDES program. Contact the City of Manteca Engineering Department to identify appropriate person for review and approval of plans and documents.

It is recognized that the design and calculations which have been submitted thus far to demonstrate this project’s compliance with the City’s Post-Construction Stormwater Standards Manual is approved for project entitlements but may require further refinement for final approval, which is precedent to issuance of any building, grading, or construction permits.

Developer shall pay fair-share costs for storm drainage improvements, including improvements downstream to improve capacity or water quality treatments needed to conform to current Storm Drain Master Plan, City standards and support the development.

Developer shall complete the CDD development memorandum, required by Storm Drainage Agreement Amendment No. 1, and submit it to SSJID for review.

Sanitary Sewer
Improvements shall be constructed in conformance with the latest version of the City Wastewater Collection System Master Plan and City Standards.

The update of the City’s Wastewater Master Plan is currently underway. This project will be required to participate in expansion of the infrastructure or facilities, including at the City’s Water Quality Control Facility, identified in the updated Master Plan and any correlating funding programs.

A manhole shall be located immediately adjacent to City right-of-way, where the sanitary sewer main enters the development. This manhole shall be the end of the City’s maintenance responsibility for the sanitary sewer system.

Any existing septic tank(s) on the property that will not be approved by the City shall be abandoned in accordance with the permitting requirements of the San Joaquin County Environmental Health Department prior to issuance of the first building permit.

A preliminary sewer plan shall be submitted to the City Engineer for approval concurrently with the first improvement plan submittal. The plan shall be accompanied by calculations for peak wet weather flows showing pipe sizes and slopes for the entire development.

City of Manteca Fire Department
Luis Salas, Office of the Fire Marshal (209) 456-8311
Driveway entrance needs to be a minimum 26 feet wide.

Deferred submittal for Fire Alarm.

Fire hydrant needed on sidewalk near driveway for Fire Fighting operations.

City of Manteca Public Works Department, Parks and Recreation Division Michael Rosales, Park Planning and Project Superintendent (209) 456-8600 Trees along E. Yosemite Avenue shall be planted outside the City ROW (right-of-way).

San Joaquin County Environmental Health Department
Aaron Gooderham, Registered Environmental Health Specialist (209) 616-3062 Any geotechnical drilling shall be conducted under permit and inspection by The Environmental Health Department (San Joaquin County Development Title, Section 9-1115.3 and 1115-9.6).

Pacific Gas and Electric Company
Plan Review Team 1-877-259-8314
Our review indicates your proposed improvements do not appear to directly interfere with existing PG&E facilities or impact our easement rights.

ACKNLOWLEDGEMENT OF TERMS AND CONDITIONS

MUST BE CERTIFIED BY A NOTARY PUBLIC
The City reserves the right to withhold the finalization of the structure(s) and/or terminate City utility (shut off water and sewer) until all conditions of the City approved site plan have been completed. Please contact the Community Development Department if you are unable to complete the site plan improvements prior to occupancy of the project.

For information on fees associated with the project, contact the Building Safety Division at 209-456-8550. The fees associated with this project (payable at the time of building permit issuance) include, but are not limited to, the following:

Storm drainage fee, sewer connection fee, water connection fee, building permit fee (includes electrical, mechanical, plumbing, strong motion fee, and any other applicable building-related permit), park acquisition and improvement fee (bedroom tax), street tree fee, school district fee, government building facilities fee, traffic signal installation fee, major equipment purchase fee, and highway interchange fee. I, as the site plan applicant, or authorized agent for the site plan applicant, have read and understand the conditions of approval and requirements for this development project and the associated development fees. I, further, understand that this site plan runs with the ownership of the land and any transfer of ownership must include all uncompleted site plan requirements. I hereby acknowledge all conditions and requirements of the site plan approval. _______________________ _______________________________________________ Date Authorized Signature
_______________________ _______________________________________________ Date Authorized Signature
ATTACHMENT 4
Raymus Office Building SPC 21-74
617 W. Yosemite Ave.

PAGE 9
Conditions of Approval Page PAGE 1 of NUMPAGES 12

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