HomeMy WebLinkAboutO-10914J-91-733
9/5/91
ORDINANCE NO # 10 91 4
AN EMERGENCY ORDINANCE, WITH ATTACHMENTS,
ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED "HOMELESS PROJECT" AND APPROPRIATING
RESOURCES TO SAID FUND IN THE AMOUNT OF
NINETY THOUSAND DOLLARS ($90,000) CONSISTING
OF A SEVENTY-FIVE THOUSAND DOLLAR ($751000)
LOAN FROM THE DOWNTOWN DEVELOPMENT AUTHORITY
AND A FIFTEEN THOUSAND DOLLARS ($15,000)
DONATION BY "RESOLVE" TO COVER DIRECT COSTS
OF THE CITY INCURRED AS A RESULT OF PROVISION
OF THE NECESSARY FACILITIES TO ASSIST
HOMELESS PERSONS; ALSO AUTHORIZING THE CITY
MANAGER TO EXECUTE A LOAN AGREEMENT AND
PROMISSORY NOTE, IN SUBSTANTIALLY THE
ATTACHED FORMS, TO SECURE SAID LOAN PROCEEDS;
AND ALSO TO EXECUTE ANY NECESSARY AGREEMENTS
WITH RESOLVE FOR THEIR CONTRIBUTION, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
ALLOCATING AN AMOUNT NOT TO EXCEED $75,000
FROM SAID FUND TO COMMUNITY HOMELESS
ASSISTANCE FUND, INC., AND $15,000 TO THE
CITY AS REIMBURSEMENT FOR ITS DIRECT COSTS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the City Commission acknowledges that emergency
measures need to be taken to address the Homeless problem in the
City of Miami; and
WHEREAS, the City Commission, by Motion No. 91-571, at its
meeting of July 25, 1991, requested a loan in the amount of
Seventy -Five Thousand Dollars ($75,000) from the Downtown
Development Authority to assist the City in the provision of
emergency services to the Homeless within the downtown Miami area
and authorized the City Manager to pursue said loan; and
WHEREAS, the Board of Directors of the Downtown Development
Authority, acknowledging that the Homeless situation within
Downtown Miami had reached crisis proportions, authorized the
requested $75,000 loan to the City of Miami by Resolution 28/91;
and
WHEREAS, the City Commission has requested said Seventy -Five
Thousand Dollar ($75,000) loan from the Downtown Development
Authority and this Ordinance authorizes the City Manager to enter
into a loan agreement regarding repayment of.said funds; and
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WHEREAS, there now exists a nonprofit organization known as
"Community Homeless Assistance Fund, Inc.," which is comprised of
representatives from the City of Miami, Dade County, the State of
Florida, the Miami Coalition for the Homeless, RESOLVE, the
Greater Miami Chamber of Commerce, the Religious Community and
various other homeless service providers, which have been serving
as the oversight committee for implementation of the Community
Homeless Assistance Project ("Project"); and
WHEREAS, the City, in conjunction with Metro -Dade County,
the State of Florida and the private sector have contributed
financial assistance to "Community Homeless Assistance Fund
Inc.," in order to implement a Community Homeless Assistance Plan
which will assist homeless persons in the community; and
WHEREAS, the Community Homeless Assistance Fund, Inc.'s
function will include setting policies to ensure that the
integrity of the Project is maintained throughout the
implementation of each Project component, and overseeing
financial transactions related to such implementation; and
WHEREAS, pursuant to Ordinance No. 10794, the Annual
Appropriations Ordinance for Fiscal Year '90-91, the City Manager
expended $10,000, on August 23, 1991, from Special Projects and
Accounts Contingency Fund, as an advance which was needed
immediately toward the implementation of the project; said amount
is to be replaced into said contingency fund from the herein
appropriated monies;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute a Loan Agreement and Promissory Note ("Loan Agreement"),
in substantially the attached forms, between the City of Miami
and the Downtown Development Authority.
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Section 3. The subject Loan Agreement provides, inter
alia, that the Downtown Development Authority will loan the City
of Miami an interest -free loan in the amount of Seventy -Five
Thousand Dollars ($75,000), repayable in full on or before
November 1, 1992. Said loan proceeds are to be used for
provision of services to homeless persons located within the
downtown Miami area.
Section 4. The following Special Revenue Fund is hereby
established and resources are hereby appropriated as described
herein:
Fund Title: "Homeless Project"
Resources: Downtown Development
Authority Loan $75,000
RESOLVE 15,000
Appropriation: Homeless Project $90,000
Section 5. This Ordinance hereby appropriates $75,000 in
revenues from a loan to the City from the City of Miami Downtown
Development Authority, and $15,000 in revenues from a
contribution to the City from RESOLVE, for the purpose of
providing assistance to the Homeless. Further, said Special
Revenue Fund is hereby established so that disbursements may be
made provided that the total of all expenditures from the Special
Revenue Fund do not exceed appropriations. Also, the City
Manager is hereby authorized to execute any necessary agreements
with RESOLVE, in a form acceptable to the City Attorney, to
accept its contribution to this Special Revenue Fund.
Section 6. An amount not to exceed $75,000 is hereby
allocated from a Special Revenue Fund to a nonprofit organization
known as "Community Homeless Assistance Fund, Inc.," which will
implement the Community Homeless Assistance Project ("the
Project"). The City Manager is hereby authorized to execute an
agreement, in a form acceptable to the City Attorney, with said
organization regarding use of funds and implementation of the
Project.
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Section 7. An additional amount not to exceed $15,000 from
said fund is also hereby allocated to cover direct costs of the
City incurred as a result of provision of the necessary
facilities to assist homeless persons during the implementation
of the emergency component of the Project.
Section 8. All ordinances, or parts of ordinances,
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance, are hereby repealed.
Section 9. If any section, part of this section,
paragraph, clause, phrase or word of this Ordinance is declared
invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 10. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami.
Section 11. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four -fifths of the members of the Commission.
Section 12. This Ordinance shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 11th day of Se to r `, 1991.
XAVIER L. S AREZ, MAYOR
ATT
• to
MA HIRAI
CITY CLERK
FINANCIAL REVIEW AND APPROVAL:
CARLO . GARCIA, DIRECTOR
FINANeE DEPARTMENT
BUDGETARY REVIEW AND APPROVAL:
MANOHAR:S. URANA, DIRECTOR
BUDGET DEP TMENT
y.
PREPARED AND APPROVED BY:
ie'pll pA vt-, Z-��
,J E. MAXWE
CH EF ASSISTikT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN JONES, III
ACTING CITY ATTORNEY
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LOAN AGREEMENT
THIS LOAN AGREEMENT is made and entered this I day of
1991, between the Downtown Development Authority of
the City of Miami, Florida, Suite 18181 One Biscayne Tower,
Miami, Florida 33131 (hereinafter called the "LENDER"), and the
City of Miami, a municipal corporation of the State of Florida,
having its principal office at 3500 Pan American Drive, Miami,
Florida 33133 (hereinafter called the "BORROWER").
RF _I A,, L
WHEREAS, the Board of Directors of the LENDER recognizes
that the homeless situation within downtown Miami has reached
crisis proportions, and authorized the funds constituting the
herein loan via Resolution 28/91;
WHEREAS, the City of Miami Commission, via Motion No. 91-
571, at its meeting of July 25, 1991, requested a loan in the
amount of Seventy -Five Thousand Dollars ($75,000) (the "Loan")
from the LENDER to assist the BORROWER in the provision of
emergency services to the homeless and authorized the City
Manager to pursue the Loan;
WHEREAS, the City of Miami Commission is requesting
additional financial assistance from Metro -Dade County, the State
of Florida and the private sector to aid the homeless; and'
WHEREAS, it is understood and agreed by parties to this
Agreement that the proceeds of the Loan specifically shall be
used to address the homeless problem in the Downtown Miami area;
NOW, THEREFORE, in consideration of the sum of $10.00 and
other good and valuable consideration, the receipt of which is
hereby acknowledged, and upon promises and the mutual covenants
and agreements herein contained, the parties hereto agree as
follows:
WHEN Rtior• Iu ruk FURTI R
REVIEW, PLEASE IDENTIFY AS
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ARTICLE I
THE LO1�N,,
1.1 The LENDER agrees to grant the Loan to the BORROWER by
delivering a check in the amount of Seventy -Five Thousand
i
i Dollars ($75,000.00) drawn to the order of the BORROWER at
the time of the execution of this Agreement, the receipt
i
I whereof is hereby acknowledged by the BORROWER.
1.2 The BORROWER agrees to repay the Loan to LENDER at the above
address of the LENDER or at an other address 1
Y designated in
writing by the LENDER as follows:
a. On or before November 1, 1992 (the "Repayment Date"),
the sum of Seventy -Five Thousand Dollars ($75,000.00),
which constitutes the total amount of principal due on
the Loan, shall be paid in full. The Repayment Date
maybe extended by BORROWER upon request of the LENDER
!� and approval by the Board of Directors of the LENDER.
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b. It is agreed by both parties to this Agreement that the
Loan is to accrue no interest. Therefore the interest
rate shall be zero percent (0%) during the full time
that the balance is outstanding.
1.3 The BORROWER shall, concurrently with the execution of
this Agreement, execute a Promissory Note substantially in
the form of Exhibit "A", attached hereto.
1.4 The entire balance of the outstanding principal amount of
the Loan shall become immediately due and payable upon the
occurrence of any Event of Default (as hereinafter
defined).
1.5 The Loan may be prepaid at any time without penalty.
1.6 This Agreement, the Note and any other document executed
in connection hereto shall collectively be referred to as
the "Loan Documents".
ARTICLE II
GENERAL CONDTTTONS AND TEn"C.
2.1 "Rights of Third Parties" - All conditions of the LENDER
hereunder are imposed solely and exclusively for the
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benefit of the LENDER and its successors and assigns, and
no other person shall have standing to require
satisfaction of such conditions, and no other person
shall, under any circumstances, be deemed to be a
beneficiary of this Agreement or the Loan Documents, any
provisions of which may be freely waived in whole or in
part by the LENDER at any time if, in its sole discretion,
it deems it desirable to do so;
2.2 "The LENDER Not Obligated to Insure Proper Disbursement of
Funds to Third Parties"
Nothing contained in this
Agreement, or any Loan Document, shall impose upon the
LENDER any obligations to oversee the proper use or
application of any disbursements and advances of funds
made pursuant to the Loan;
2.3 "Evidence of Satisfaction of Conditions" - the LENDER
shall, at all times, be free independently to establish to
its good faith and satisfaction, and in its absolute
discretion, the existence or nonexistence of a fact or
facts which are disclosed in documents or other evidence
required by the terms of this Agreement;
2.4 All notices or other communications which shall or may be
given pursuant to this Agreement shall be in writing and
shall be delivered by personal service, or by registered
mail addressed to the other party at the address indicated
herein or as the same may be changed from time to time.
Such notice shall be deemed given on the day on which
personally served; or, if by mail, on the fifth (5th) day
after being posted or the date of actual receipt,
whichever is earlier:
DOWNTOWN DEVELOPMENT AUTHORITY CITY OF MIAMI
Director, City Manager
One Biscayne Tower City Hall
Suite 1818 3500 Pan American Drive
Miami, Florida 33131 Miami, Florida 33133
2.5 Title and paragraph headings are for convenient reference
and are not a part of this Agreement;
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2.6 In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached document, the terms in this Agreement shall
control;
2.7 No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the
same or any other provision hereof, and no waiver shall be
effective unless made in writing;
2.8 Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of
Florida or the City of Miami, such provisions, paragraphs,
sentences, words or phrases shall be deemed modified to
the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, then same
shall be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
ARTICLE III
TERMINATION
3.1 If the BORROWER at any time during the term of the
Agreement should be in default of any term, provision or
covenant of the Agreement, and if such default is not
fully and satisfactorily cured within thirty (30) days of
written notice thereof, the LENDER may, at its option,
terminate this Agreement and/or institute legal actions
against the BORROWER and/or declare a default under the
Note and accelerate payment thereunder.
ARTICLE IV
AMENDMENTS AND ASSIGNABILITY
4.1 No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
4.2 This Agreement is not assignable by the BORROWER without
the written consent of the LENDER. The LENDER may assign
this Agreement at its sole discretion.
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ARTICLE V
SUCCESSORS AND ASSIGNS
5.1 This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
ARTICLE VI
NON-DISCRIMINAmrnN
6.1 The BORROWER agrees that it shall not discriminate as to
race, sex, color, creed, national origin, or handicap in
connection with any performance under this Agreement.
ARTICLE VII
INDEMNIFICATION
7.1 The BORROWER shall indemnify and save the LENDER harmless
from and against any and all claims, liabilities, losses,
and causes of action which may arise out of the BORROWER's
activities under this Agreement, including all acts or
omissions to act on the part of the BORROWER, including
any person acting for or on its behalf, and from and
against any orders, judgements, or damages of decrees
which may be entered and from and against all costs,
attorneys' fees, expenses and liabilities incurred in the
defense of any such claims or in the investigation
thereof. Ten Dollars ($10.00) of the consideration given
by the LENDER hereunder is specific and independent
consideration for this indemnity.
ARTICLE XI
DEFAULT
8.1 "Events of Default" - In any of the following events the
LENDER may at its option exercise any of its remedies set
forth herein, or otherwise allowed by Law after the
happening of any Events of Default without thereby waiving
the right to exercise such remedies;
8.1.1 "Breach of Covenants, Warranties and
Representations" - If any warranty or
representation made by the BORROWER in this
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Agreement or pursuant to the terms hereof shall
at any time be false or misleading in any
respect, or if the BORROWER shall fail to beep,
observe or perform any of the terms or covenants
contained in this Agreement, the Note or any
other document executed by the BORROWER in
connection herewith, or is unable or unwilling to
meet its obligations thereunder.
ARTICLE IX
REMEDIES OF THE LEN12ER
9.1 Upon the happening of an Event of Default, then the LENDER
may, at its option, upon written notice to the BORROWER:
9.1.1 Terminate this Agreement;
9.1.2 Commence any appropriate legal or equitable
action to enforce performance of this Agreement;
9.1.3 Accelerate the payment of the Loan and commence
appropriate legal action to collect all such
amounts due the LENDER;
9.1.4 Exercise any other rights or remedies the LENDER
may have under the Loan Documents or which may be
available under the law.
ARTICLE X
ASSURANCES AND W-ARRANTIE
10.1 The BORROWER covenants that:
10.2 The. BORROWER irrevocably and unconditionally guarantee the
repayment of the Loan as provided for in this Agreement
and exhibits attached hereto.
ARTICLE XI
RECAPTURE OF FUNDS
11.1 The LENDER shall reserve the right to recapture funds with
interest costs and reasonable attorney's fees for counsel
for the LENDER when the BORROWER shall fail to comply with
the terms of this Agreement.
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ARTICLE XII
ENTIRE AGREEMENT
12.1 This Agreement is the entire agreement between the parties
with respect to the subject matter hereof and supersedes
all prior agreements between the parties with respect
hereto.
12.2 This Agreement may be executed in several counterparts,
all of which shall constitute one agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
CITY OF MIAMI, a Municipal
Corporation of the State of
ATTEST: Florida
By:
MATTY HIRAI CESAR H. ODIO
City Clerk (Seal) City Manager
ATTEST: DOWNTOWN DEVELOPMENT AUTHORITY
of the City of Miami, Florida
— Y•
TTHEW SC ARTZ
irector
APPROVED AS TO FORM AND
CORRECTNESS:
1
A. QUINN JONES, III
Acting City Attorney
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9/04/91 10:30 AM
10914
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1.
NOTE
AMOUNT: $75,000.00 PLACE: MIAMI, FLORIDA
DATE: September _,1991
On or before November 1, 1992, FOR VALUE RECEIVED,
undersigned CITY OF MIAMI, a municipal corporation of the State
of'Florida (hereinafter referred to as the "CITY"), having its
principal place of business at 3500 Pan American Drive, Miami,
Florida 33133, promises to pay the CITY OF MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY, at its principal place of business, Suite
1818, One Biscayne Tower, Miami, Florida 33131, or at such other
place which the holder thereof may designate in writing to the
undersigned, the principle sum of Seventy -Five Thousand Dollars
($75,000,00), with interest from this date at the rate of zero
percent (0%) per annum.
In the event that suit is commenced to enforce payment of
this Note or any part hereof, the City agrees to pa such
attorney's fees as the court in such action may adjudge
reasonable.
The CITY has caused this Note to be executed on its behalf
by its undersigned duly authorized officers.
CITY OF MIAMI, a Municipal
Corporation of the State of
ATTEST: Florida
MATTY HIRAI By:CESAR H. ODIO
City Clerk (seal) City Manager
STATE OF FLORIDA )
)SS:
COUNTY OF DADE )
BEFORE. ME, the undersigned authority, personally appeared
CESAR H. ODIO, City Manager, who executed this Note on behalf of
the CITY OF MIAMI, a municipal corporation of the State of
Florida.
DATED this day of , 1991.
My Commission Expires:
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9/04/91 2:20 PM
Notary Public State of Florida
Exhibit "A"
10914
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CITY OF MIAMI, FLORIDA "µ
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members
DATE : 5EP
FILE
of the City Commission
FROM : Cesar H. Odi
City Manager
RECOMMENDATION
'SUBJECT : Establishment of Revenue
Fund for Homeless Project
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached ordinance establishing a new Special Revenue Fund
entitled "Homeless Project" in order to implement the City of
Miami's component of the Community Homeless Assistance Plan and
appropriating funds for the same in the amount of ninety thousand
dollars ($90,000). This amount consists of a seventy-five
thousand dollar ($75,000) loan from the Downtown Development
Authority (DDA), and a fifteen thousand dollar ($15,000)
contribution from RESOLVE to cover direct costs incurred by the
city as a result of providing the required. temporary facilities
for social workers to assist homeless persons. The Ordinance
further authorizes the City Manager to enter into any necessary
agreements required to implement the City's component of this
plan. Specifically required are agreements with DDA, RESOLVE, and
Community Homeless Assistance Fund Inc., a non-profit corporation
which is overseeing the implementation of the above mentioned
Community Homeless Assistance Plan.
BACKGROUND
At its meeting of July 25, 1991, the Miami City Commission agreed
to come up with a $100,000 financial commitment towards assisting
the homeless in the City of Miami. Of this $100,000 contribution,
$25,000 was to go directly to the Betterway Foundation. This
money will be made available to Betterway from the City's Law
Enforcement Trust Fund (this is an accompanying item on today's
agenda). As for the $75,000, the City Commission passed motion
91-572, urging the Downtown Development Authority (DDA) to
immediately make available a loan in the amount of $75,000 to the
City of Miami in order to assist in the community's endeavor to
help the homeless. DDA has already prepared the loan agreement
(see ordinance attachments) in order to make these funds
available to the City.
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10914
Honorable Mayor and Members September 5, 1991
of the City Commission Page 2
At that same July 25, 1991 meeting, the homeowners group known as
RESOLVE made it known to the City Manager that an amount not to
exceed $15,000 was going to be contributed to the City of Miami
by them in order to assist the city with direct costs incurred by
the city as a result of providing the necessary temporary
facilities for social workers to assist homeless persons in the
emergency component of the Community Homeless Assistance Plan.
The purpose of this ordinance is to establish a Special Revenue
Fund to which project expenses can be charged and from which
expenditures towards the implementation of the plan can be made
and also to allow the City Manager to enter into any necessary
agreements to implement the City's component of this project.
The non-profit group known as Community Homeless Plan Inc., which
consists of representatives from the City of Miami, Dade County,
the State of Florida, the Miami Coalition for the Homeless,
RESOLVE, the Greater Miami Chamber of Commerce, the religious
community and various other homeless service providers, has been
and will continue to be serving as the oversight committee for
implementation of this component of the plan. The Committee's
functions include setting policies to ensure that 'the integrity
of the plan is maintained throughout implementation of each
component of the plan and also to approve all financial
transactions related to the plan (including future contributions
as well as expenditures). The City Manager needs authority from
this Commission to enter into an agreement with this group to
ensure that City funds made available to this project are used
accordingly.
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10914
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle VAIllams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a dally
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
RE: ORDINANCE NO. 10914
An emergency ordinance, with attachments,
establishing a new special revenue fund,
etc.
In the ..... X X X
.................................... Court,
was published in said newspaper In the Issues of
September 23,1991
Afflant further says that the said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
sec
ss mail matter at the post office In Miami In said
Dad ou y, Florida, for a period of one year next preceding
the rat p Ilcation of the attached copy of advertisement; and
aftl nl fu er says that she has neither paid nor promised any
pe on, or corporation any discount, rebate, commission
or of for the rpose of securing this advertisement for
pu I Ion in th Id newspaper.
Sworn to *n dbed belb M4 this
23rd Se r '"« 91
day of . .*A.D. 1 ......
...........
(SEAL) { .. ............
rS •
»• or ***
"OFFICIAL NOTARY SEAL'
CRISTINA INGELMO
MY COMM. EXP. 4/5/95