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1 | AN ACT concerning surety bonds.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Construction Bond Act is amended by | ||||||||||||||||||||||||||||
5 | changing Section 1 as follows:
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6 | (30 ILCS 550/1) (from Ch. 29, par. 15)
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7 | Sec. 1. Except as otherwise provided by this Act, all | ||||||||||||||||||||||||||||
8 | officials, boards,
commissions or agents of this State, or of
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9 | any political subdivision thereof in making contracts for | ||||||||||||||||||||||||||||
10 | public work of
any kind costing over $5,000 to be performed for | ||||||||||||||||||||||||||||
11 | the State, or a political
subdivision thereof
shall require | ||||||||||||||||||||||||||||
12 | every contractor for the work to furnish, supply and deliver
a | ||||||||||||||||||||||||||||
13 | bond to the State, or to the political subdivision thereof | ||||||||||||||||||||||||||||
14 | entering into
the contract, as the case may be, with good and | ||||||||||||||||||||||||||||
15 | sufficient sureties. The
amount of the bond shall be fixed by | ||||||||||||||||||||||||||||
16 | the officials, boards, commissions,
commissioners or agents, | ||||||||||||||||||||||||||||
17 | and the bond, among other conditions,
shall be
conditioned for | ||||||||||||||||||||||||||||
18 | the completion of the contract, for the payment of material
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19 | used in the work ,
and for all labor performed in the work, | ||||||||||||||||||||||||||||
20 | whether by
subcontractor or otherwise , and for adherence to the | ||||||||||||||||||||||||||||
21 | standards set forth in Article II of the Illinois Drainage | ||||||||||||||||||||||||||||
22 | Code .
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23 | If the contract is for emergency repairs as provided in the | ||||||||||||||||||||||||||||
24 | Illinois
Procurement
Code, proof of payment for all labor, | ||||||||||||||||||||||||||||
25 | materials, apparatus, fixtures, and
machinery may be
furnished | ||||||||||||||||||||||||||||
26 | in lieu of the bond required by this Section.
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27 | Each such bond is deemed to contain the following | ||||||||||||||||||||||||||||
28 | provisions whether
such provisions are inserted in such bond or | ||||||||||||||||||||||||||||
29 | not:
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30 | "The principal and sureties on this bond agree that all the
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31 | undertakings, covenants, terms, conditions and agreements of | ||||||||||||||||||||||||||||
32 | the contract
or contracts entered into between the principal |
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1 | and the State or any
political subdivision thereof will be | ||||||
2 | performed and fulfilled and to pay
all persons, firms and | ||||||
3 | corporations having contracts with the principal or
with | ||||||
4 | subcontractors, all just claims due them under the provisions | ||||||
5 | of such
contracts for labor performed or materials furnished in | ||||||
6 | the performance of
the contract on account of which this bond | ||||||
7 | is given, when such claims are
not satisfied out of the | ||||||
8 | contract price of the contract on account of which
this bond is | ||||||
9 | given, after final settlement between the officer, board,
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10 | commission or agent of the State or of any political | ||||||
11 | subdivision thereof
and the principal has been made. The | ||||||
12 | principal and sureties on this bond further agree that all work | ||||||
13 | performed as part of the contract or contracts adheres to the | ||||||
14 | standards set forth in Article II of the Illinois Drainage | ||||||
15 | Code. "
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16 | The surety bond required by this Section may be acquired | ||||||
17 | from the
company, agent or broker of the contractor's choice. | ||||||
18 | The bond and sureties
shall
be subject to the right of | ||||||
19 | reasonable approval or disapproval, including
suspension, by | ||||||
20 | the State or political subdivision thereof concerned. In the
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21 | case of State construction contracts, a contractor shall not be | ||||||
22 | required to
post a cash bond or letter of credit in addition to | ||||||
23 | or as a substitute for the
surety bond required by this | ||||||
24 | Section.
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25 | When other than motor fuel tax funds, federal-aid funds, or | ||||||
26 | other
funds received from the State are used, a political | ||||||
27 | subdivision may allow
the contractor to provide a | ||||||
28 | non-diminishing irrevocable bank letter of
credit, in lieu of | ||||||
29 | the bond required by this Section, on contracts under
$100,000 | ||||||
30 | to comply with the requirements of this Section. Any such bank
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31 | letter of credit shall contain all provisions required for | ||||||
32 | bonds by this
Section.
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33 | (Source: P.A. 93-221, eff. 1-1-04.)
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34 | Section 10. The Counties Code is amended by changing | ||||||
35 | Section 5-1041 as follows:
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1 | (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
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2 | Sec. 5-1041. Maps, plats and subdivisions. A county board | ||||||
3 | may prescribe,
by resolution or ordinance, reasonable rules and | ||||||
4 | regulations governing the
location, width and course of streets | ||||||
5 | and highways and of floodplain,
stormwater and floodwater | ||||||
6 | runoff channels and basins, and the provision of
necessary | ||||||
7 | public grounds for schools, public libraries, parks or
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8 | playgrounds, in any map, plat or subdivision of any block, lot | ||||||
9 | or sub-lot
or any part thereof or any piece or parcel of land, | ||||||
10 | not being within any
city, village or incorporated town. The | ||||||
11 | rules and regulations may include
such reasonable requirements | ||||||
12 | with respect to water supply and sewage
collection and | ||||||
13 | treatment as may be established by the Environmental
Protection | ||||||
14 | Agency, and such reasonable requirements with respect to
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15 | floodplain and stormwater management as may be established by | ||||||
16 | the County
Stormwater Management Committee established under | ||||||
17 | Section 5-1062 of this
Code, and such reasonable requirements | ||||||
18 | with respect to street drainage and
surfacing as may be | ||||||
19 | established by the
county engineer or superintendent of | ||||||
20 | highways and which by resolution shall
be deemed to be the | ||||||
21 | minimum
requirements in the interest of the health, safety, | ||||||
22 | education and
convenience of the public of the county; and may | ||||||
23 | provide by
resolution that the map, plat or subdivision shall | ||||||
24 | be submitted to the
county board or to some officer to be | ||||||
25 | designated by the county board for
their or his approval. The | ||||||
26 | county board shall have a qualified engineer
make an estimate | ||||||
27 | of the probable expenditures necessary to enable any
person to | ||||||
28 | conform with the standards of construction established by the
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29 | board pursuant to the provisions of this Section and to conform | ||||||
30 | to the standards set forth in Article II of the Illinois | ||||||
31 | Drainage Code . Except as provided in
Section 3 of the Public | ||||||
32 | Construction Bond Act, each person who seeks
the county board's | ||||||
33 | approval of a map, plat or subdivision shall post a
good and | ||||||
34 | sufficient cash bond, irrevocable letter of credit, surety
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35 | bond, or other adequate security with the county clerk,
in a |
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1 | penal sum sufficient to cover the estimate of expenditures made | ||||||
2 | by the
estimating engineer. The cash bond, irrevocable letter | ||||||
3 | of credit,
surety bond, or other adequate security shall be
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4 | conditioned upon faithful adherence to the rules and | ||||||
5 | regulations of the
county board promulgated pursuant to the | ||||||
6 | authorization granted to it by
this Section or by Section | ||||||
7 | 5-1062 of this Code, and in such cases no such
map, plat or | ||||||
8 | subdivision shall be entitled to record in the proper county
or | ||||||
9 | have any validity until it has been so approved.
If the county | ||||||
10 | board requires a cash bond, letter of credit, surety, or any
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11 | other method to cover the costs and expenses and to insure | ||||||
12 | completion of the
requirements, the requirements shall be | ||||||
13 | subject to the provisions of Section
5-1123 of this Code.
This | ||||||
14 | Section is subject to the provisions of Section 5-1123.
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15 | The county board may, by resolution, provide a schedule of | ||||||
16 | fees sufficient
to reimburse the county for the costs incurred | ||||||
17 | in reviewing such maps, plats
and subdivisions submitted for | ||||||
18 | approval to the county board. The
fees authorized by this | ||||||
19 | Section are to be paid into the general
corporate fund of the | ||||||
20 | county by the party desiring to have the plat
approved.
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21 | For purposes of implementing ordinances regarding
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22 | developer donations or impact fees and only for the purpose of | ||||||
23 | expenditures
thereof, "public grounds
for schools" is defined | ||||||
24 | as including land or site
improvements, which include school | ||||||
25 | buildings or other infrastructure
necessitated and | ||||||
26 | specifically and uniquely attributable to the development
or
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27 | subdivision in question.
This amendatory
Act of the 93rd | ||||||
28 | General Assembly applies to all impact fees or developer
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29 | donations paid into a school district or held in a separate | ||||||
30 | account or escrow
fund
by any school district or county for a | ||||||
31 | school district.
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32 | No officer designated by a county board for the approval of | ||||||
33 | plats
shall engage in the business of surveying, and no map, | ||||||
34 | plat or
subdivision shall be received for record or have any | ||||||
35 | validity which has
been prepared by or under the direction of | ||||||
36 | such plat officer.
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1 | It is the intention of this amendatory Act of 1990 to | ||||||
2 | repeal the
language added to Section 25.09 of "An Act to revise | ||||||
3 | the law in relation to
counties", approved March 31, 1874, by | ||||||
4 | P.A. 86-614, Section 25.09 of that
Act being the predecessor of | ||||||
5 | this Section.
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6 | (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)
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7 | Section 15. The Illinois Municipal Code is amended by | ||||||
8 | changing Section 11-12-8 as follows:
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9 | (65 ILCS 5/11-12-8) (from Ch. 24, par. 11-12-8)
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10 | Sec. 11-12-8. Compliance of plat with map; designation of | ||||||
11 | public lands;
approval;
bond; order; failure to act upon plat.
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12 | The corporate authorities of the municipality shall determine | ||||||
13 | whether a
proposed plat of subdivision or resubdivision | ||||||
14 | complies with the official
map. To secure such determination, | ||||||
15 | the person requesting the subdivision or
resubdivision shall | ||||||
16 | file four copies of a plat thereof with the clerk of
the | ||||||
17 | municipality, and shall furnish therewith four copies of all | ||||||
18 | data
necessary to show compliance with all applicable municipal | ||||||
19 | regulations and
shall make application for preliminary or final | ||||||
20 | approval of the proposed
plat.
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21 | Whenever the reasonable requirements provided by the | ||||||
22 | ordinance including
the official map shall indicate the | ||||||
23 | necessity for providing for a school
site, park site, or other | ||||||
24 | public lands within any proposed subdivision for
which approval | ||||||
25 | has been requested, and no such provision has been made
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26 | therefor, the municipal authority may require that lands be | ||||||
27 | designated for
such public purpose before approving such plat. | ||||||
28 | Whenever a final plat of
subdivision, or part thereof, has been | ||||||
29 | approved by the corporate
authorities as complying with the | ||||||
30 | official map and there is designated
therein a school site, | ||||||
31 | park site or other public land, the corporate
authorities | ||||||
32 | having jurisdiction of such use, be it a school board, park
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33 | board or other authority, such authority shall acquire the land | ||||||
34 | so
designated by purchase or commence proceedings to acquire |
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1 | such land by
condemnation within one year from the date of | ||||||
2 | approval of such plat; and if
it does not do so within such | ||||||
3 | period of one year, the land so designated
may then be used by | ||||||
4 | the owners thereof in any other manner consistent with
the | ||||||
5 | ordinance including the official map and the zoning ordinance | ||||||
6 | of the
municipality.
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7 | The corporate authorities may by ordinance provide that a | ||||||
8 | plat of
subdivision may be submitted initially to the plan | ||||||
9 | commission for
preliminary approval. The application for | ||||||
10 | preliminary approval shall show
location and width of proposed | ||||||
11 | streets and public ways, shall indicate
proposed location of | ||||||
12 | sewers and storm drains, proposed dedication of public
grounds, | ||||||
13 | if any, lot sizes, proposed easements for public utilities, and
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14 | proposed method of sewage and waste disposal, but need not | ||||||
15 | contain
specifications for proposed improvements.
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16 | The plan Commission shall approve or disapprove the | ||||||
17 | application for
preliminary approval within 90 days from the | ||||||
18 | date of the application or the
filing by the applicant of the | ||||||
19 | last item of required supporting data,
whichever date is later, | ||||||
20 | unless such time is extended by mutual consent. If
such plat is | ||||||
21 | disapproved, then within said 90 days the plan commission
shall | ||||||
22 | furnish to applicant in writing a statement setting forth the | ||||||
23 | reason
for disapproval and specifying with particularity the | ||||||
24 | aspects in which the
proposed plat fails to conform to the | ||||||
25 | ordinances including official map. If
such plat is approved the | ||||||
26 | corporate authority shall accept or reject said
plat within 30 | ||||||
27 | days after its next regular stated meeting following the
action | ||||||
28 | of the plan commission. Preliminary approval shall not qualify | ||||||
29 | a
plat for recording.
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30 | Application for final approval of a plat shall be made not | ||||||
31 | later than
one year after preliminary approval has been | ||||||
32 | granted. This application must
be supported by such drawings, | ||||||
33 | specifications and bond as may be necessary
to demonstrate | ||||||
34 | compliance with all requirements of this statute and such
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35 | regulations as the corporate authorities may provide by | ||||||
36 | ordinance under
authority of this statute.
This Section is |
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1 | subject to the provisions of Section 11-39-3 of this
Code.
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2 | The applicant may elect to have final approval of a | ||||||
3 | geographic part or
parts of the plat that received preliminary | ||||||
4 | approval, and may delay
application for approval of other parts | ||||||
5 | until a later date or dates beyond
one year with the approval | ||||||
6 | of the municipal authorities; provided, all
facilities | ||||||
7 | required to serve the part or parts for which final approval is
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8 | sought have been provided. In such case only such part or parts | ||||||
9 | of the plat
as have received final approval shall be recorded.
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10 | When a person submitting a plat of subdivision or | ||||||
11 | resubdivision for
final approval has supplied all drawings, | ||||||
12 | maps and other documents required
by the municipal ordinances | ||||||
13 | to be furnished in support thereof, and if all
such material | ||||||
14 | meets all municipal requirements, the corporate authorities
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15 | shall approve the proposed plat within 60 days from the date of | ||||||
16 | filing the
last required document or other paper or within 60 | ||||||
17 | days from the date of
filing application for final approval of | ||||||
18 | the plat, whichever date is later.
The applicant and the | ||||||
19 | corporate authorities may mutually agree to extend
the 60 day | ||||||
20 | period.
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21 | Except as provided in Section 3 of the Public Construction | ||||||
22 | Bond Act, the
corporate authorities shall require
may provide
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23 | that any person, firm or
corporation seeking approval of a | ||||||
24 | subdivision or resubdivision map or plat
shall post a good and | ||||||
25 | sufficient cash bond, irrevocable letter of credit,
or surety | ||||||
26 | bond with the municipal clerk in a penal
sum sufficient to | ||||||
27 | cover the estimate made by the municipal engineer, or
other | ||||||
28 | authorized person, of expenditures, including but not limited | ||||||
29 | to
reasonable inspection fees to be borne by the applicant, | ||||||
30 | necessary to
conform to the requirements established by | ||||||
31 | ordinance and necessary to conform to the standards set forth | ||||||
32 | in Article II of the Illinois Drainage Code and conditioned | ||||||
33 | upon conformance to those standards and
completion of
said | ||||||
34 | requirements in a reasonable time. The corporate authorities | ||||||
35 | may, by
ordinance, prescribe the form of the cash bond, | ||||||
36 | irrevocable letter of
credit, or surety bond and may require |
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1 | surety to be
approved by the corporate authorities; provided, | ||||||
2 | that a municipality may
permit the depositing of cash or other | ||||||
3 | security acceptable to the corporate
authorities, to complete | ||||||
4 | the improvements required in lieu of a bond if it
shall so | ||||||
5 | provide by ordinance; and further provided, that no bond or
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6 | security shall be required to be filed until the corporate | ||||||
7 | authorities have
approved the plat in all other respects and | ||||||
8 | have notified the applicant of
such approval. If the corporate | ||||||
9 | authorities require a cash bond, letter of
credit, surety, or | ||||||
10 | any other method to cover the costs and expenses and to
insure
| ||||||
11 | completion of the requirements, the requirements shall be
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12 | subject to the provisions of Section 11-39-3 of this
Code.
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13 | If the preliminary or final plat is approved, the municipal | ||||||
14 | clerk shall
attach a certified copy of the order or resolution | ||||||
15 | of approval to a copy of
the plat. If the proposed plat is | ||||||
16 | disapproved, the order or resolution
shall state the reasons | ||||||
17 | for the disapproval, specifying with particularity
the aspects | ||||||
18 | in which the proposed plat fails to conform to the official
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19 | map. A copy of the order or resolution shall be filed in the | ||||||
20 | office of the
municipal clerk.
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21 | If the corporate authorities fail to act upon the final | ||||||
22 | plat within the
time prescribed the applicant may, after giving | ||||||
23 | 5 days written notice to
the corporate authorities, file a | ||||||
24 | complaint for summary judgment in the
circuit court and upon | ||||||
25 | showing that the corporate authorities have failed
to act | ||||||
26 | within the time prescribed the court shall enter an order
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27 | authorizing the recorder to record the plat as
finally | ||||||
28 | submitted
without the approval of the corporate authorities. A | ||||||
29 | plat so recorded shall
have the same force and effect as though | ||||||
30 | that plat had been approved by the
corporate authorities. If | ||||||
31 | the corporate authorities refuse to act upon the
final plat | ||||||
32 | within the time prescribed and if their failure to act thereon
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33 | is wilful, upon such showing and upon proof of damages the | ||||||
34 | municipality
shall be liable therefor.
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35 | The establishment of standards for compliance with the | ||||||
36 | Illinois Drainage Code is an exclusive power and function of |
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1 | the State. A home rule unit may not approve or disapprove a | ||||||
2 | proposed plat of subdivision or resubdivision in a manner | ||||||
3 | inconsistent with the changes made by this amendatory Act of | ||||||
4 | the 94th General Assembly. This Section is a denial and | ||||||
5 | limitation of home rule powers under subsection (h) of Section | ||||||
6 | 6 of Article VII of the Illinois Constitution.
| ||||||
7 | (Source: P.A. 91-328, eff. 1-1-00; 92-479, eff. 1-1-02.)
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