HomeMy WebLinkAboutR-78-0353MEW-
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PEESOI.UTION N0, 7 c` •3 t) 3
A RESOLUTION REPEALING RESOLUTION N0, 78-12 ADOPTED ON
JANUARY 11, 1978 IN SO FAR AS IT APPROVED THE PROJECT
THE PROJECT CONTRACT FOR 99 SECTION 8 ROUSING UNITS
LOCATED IN LITTLE IHAVANA AND COCONUT GROVE; AND APPROV-
ING AND AUTHORIZING THE EXECUTION OF A PROJECT CONTRACT
RELATING TO HOUSING PROJECTS IN TILE CITY OF MIAMI DESIG-
NATED DADE 8-6 (RIVERSIDE) AND DADE 8-7 (COCONUT GROVE)
PURSUANT TO THE BASIC AGREEMENT' FOR FINANCING ROUSING
IN THE CITY OF MIA'II BY AND BETWEEN DADE COUNTY AND THE
CITY OF MIAMI, DATED JULY 19, 1976, AND MAKING CERTAIN
DETERMINATIONS WITH REGARD TO SAID HOUSING PROJECTS IN
"SUPPORT!, feCORDANCE WITH SAID BASIC AGREEMENT,
DOCU VILN_1..
FOLLOW"
33 IT FESOLVED by the Commission of the City of Miami,
Florida:
Section 1. The Commission (the "Commission") of the
City of Miami, Florida (the "City") has found and determined
and does hereby declare that
(a) The City and Dade County, Florida (the
"County") on July 19, 1976, entered into an agreement
for financing housing in the City (the "3asic Agree-
ment") in which the County agreed to finance hous-
ing projects through the issuance of obligations of
the County (the "County Obligations"), secured in
part by City assistance, including proceeds of hous-
ing bonds of the City to be issued for such purpose,
such projects to be self-liquidating in that the pay-
ment of the principal of and the Interest on such
obligations can be paid in full from rents, charges
and fees collected by the County therefor, together
with such Federal, state and private grants, contri-
butions and other income and money which may be made
available therefor (exclusive of any proceeds of said
boubing bends of the City) , "DOCUMENT ANDEX
ITEM NO. n
CITY COMMISSION
MEETING OF
MAY l 9 1978
r, n .,
Repou Tmu No. ` c ; "
REMARKS ......
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(b) Pursuant to the Basid Agreement the City
and the County have heretofore approved a financial
plan for dousing Project Dade 8~b (Ri~terside) and
housing Project Dade 8=7 (Coconut Grove) the
"Housing Projects".
(c) The Housing Projects are hereby determined
to be "Housing" as defined in the Basic Agreement.
(d) .The proposed residents of the [lousing Projects
are families and persons eligible for assistance under
Section 8 of the United States Housing Act of 1937, as
amended ("Section 8"), and such families and persons are
hereby determined to be "families and persons, includ-
ing the elderly, of low or moderate income" as defined
in the Basic Agreement and Ordinance No. 8514 of the
City (the "City Ordinance") authorizing said housing
bonds of the City (the "City Bonds").
(e) In accordance with the Basic Agreement the
A ~~ County has obtained and given due consideration to
n `~ r ~'"? "'" ~ / x"
`j !t ~ 'L~ '`t'he opinion of counsel for the County upon the legality
~~vtJl`VIL.1~~~~..of the Housin P
~) ~f~~ g ro3ects under applicable law, the City
~~ ~~ ~~ ~ t,, ~ Ordinance and the Basic Agreement .
(f) The City hereby determines that each
Housing Project will be self-liquidating in that
the payment of the principal of and the interest on
the County Obligations to be issued to finance
each housing Project can be paid in full from
rents to be collected by the County therefor, to-
gether ~.~ith Federal housing assistance payments to
be made available therefor under Section 8 (exclusive
of any proceeds of said housing bonds of. the City).
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(g) 1~nrsuant to the Basic ~greefient+ the City
and the Cotanty plan to enter into a Project Contract
for the Ho~isng Projects (the "P~ojeot Contract"),
which Project Contract provides among other things,
that if any provision of the Project Contract shall
be in conflict with the Basic Agreement, the Project
4 ~ ~ •'~ `'- Contract shall be controlling.
.,_,
k~'; ' ~ ~ ;~' ~~ ; ,~ ~ ~ Section 2 . The City hereby deems and determines
fir; ~.~ ~.. ~J ~' ~+
that faith respect to the Housing Projects all provisions of the
Basic Agreement, as supplemented by the Project Contract, shall
have been fully complied with by both the County and the City
upon the execution of the Project Contract.
Section 3. The City is advised by its counsel and
hereby determines that the Housing Projects, the Project Contract,
the County Obligations and the City assistance provided for in
the Project Contract alI conform to, and are not in conflict with,
the provisions of the City Ordinance, the proposition respecting
'the City Bonds approved by the voters of the City and the decree
' of the Circuit Court of the Eleventh. Judicial Circuit of Florida,
in and for Dade County, validating the City Bonds.
Section 4. The City hereby approves the Project Contract
in substantially the form presented to the Commission at the
meeting of the Commission at which this resolution is adopted,
subject to such minor changes as may be approved and made in
such form of Project Contract by the officers of the City
executing the same pursuant to this Section. The City Manager
is hereby authorized to execute the Project Contract for and on
behalf of the City with the official seal of the City to be
impressed thereon ailci attested by the Clerk or Deputy Clerk of
the City, and such execution shall be conclusive evidence of the
City's approval. of any such changes in said form off' Project
Contract.
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Section 5~ Resolution No. 78-12 adopted oii Jahua~y l.~s ].978
in so faY as it approved the I':^oject Contract for 99 Section 8 housing
units located in Little Havana and Coconut Grove is het~eby repealed.
Section 6. The provisions of this resolution shall become
effective immediately upon its adoption.
PASSL'D AND ADOPTED T13IS 19th day of
May , 19 7 8
ATTEST:
Q
LPH '
ITY LEP.K
PREPARED e1ND APPROVED BI'
P~aurice A. Ferre
1`tAURICE A FERRE
1`iAXOR
~` „ ~' "SUPP'~~ ~ i~JE
ASSISTANT CITY ATTORNEY DOV U l v~l ~.~~~f ~ J
FOLLaW"
APPI~Ei~ AS TO I'ORAI ~1ND CORRECTNESS
r
cl:oltcE r. Noa, JR.
CITY ATT R EX
~ 7 . ~ J ~3
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~i~BJEC~ ~~NT~AC'F ~~L-A~'l NG ~b H~U~ I N
~it~J~~~'~ IN 'SHE CIfiY ~I' MIAMi
~C~IGNA~'C6 ~A6E ~~6 (RiVl~516~) AN6
DA~C ~~~ (COCCNU'T GiZ6VE)
TH f ~ ~RC~ICCT Ci~NT~AC'i', dated as of _ ~~,.
1~~$ by and between THC CIfY 01= MIAMI, a municipal corporatio~i
(hereihafter called the "City") and iSADI COUN`fY, 1=l.dRIDA, a zc~unty
(hereinafter called the "County"), ih the State of I`lorida:
W I T N E S S E T Hs
!n consideration of the covenants and agreements herein
contained to be performed by the City and the County and other good
and valuable consideration paid by each of the parties to the other,
the receipt of which is hereby severally acknowledged, THE CITY OF
MIAMI, FLORIDA, and DARE COUNTY, FLORIDA, hereby agree as follows:
Section 1. This Contract is executed and delivered pur-
suant to that certain Agreement designated,
AGREEMENT FOR FINANCING HOUSING
IN THE CITY OF MIAMI BY AND BETWEEN
DADE COUNTY AND THE CITY OF MIAMI
8y and between the City and the County, dated as of July 19, 1976
(herein called the "Basic Agreement"). This Contract supplements
the Basic Agreement and it is Pntended that the Basic Agreement
and this Contract shall be part of an overall agreement between the
City and the County. Words and terms used in this Contract which
are defined in the Basic Agreement shall have the same meanings as
in the Basic Agreement. if any provision of this Contract shall be
- in conflict with the Basic Agreemetn~~~~~i~,~on.t~c~et shat ) be
t I la l~1 1 { is tr
controlling. DOC.~e,~~~._~~.~~5
Section 2. The County and~t~hkL..6,i~/~~e~reby covenant .and
represent that each of them is authorized to enter into and to be
bound by this Project,Contract and to do all of the acts and things
and to perform all of the obligations undertaken by each of them
pursuant to this Project Contract and the Basic Agreement,
Sect;on ~, fihe County and tha Gity hereby agre~S to coR
operate in providing and financing certain Mousing Projects located
wiXhir~ the corporate boundaries of~the City described and located
a s f o i l ows : ~~ ~} y~ ,~
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~ad~ ~~,b~ 5~v~~ty~~iv~ u~i;t ~ediur~~Fi~~ ~~~
the elderly to be located iii the
Litt 1 ~ Wavaha area oft the South
side of S: W: lst Street between
nth arid loth Avenues. (Alsr~ known
as ~L29-0028=006)+
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~_ _
~+~,~~ 6~_de___~__ ,7,_,, TwenCy"four units for farm l ies liicatad
~'1~ ~ ~ s • R~ ~ -~~,t,~-- nn the Eas t s i de of Doug 1 as Soad
'~ • `.rr t ~~rl _.. ~~ ( ~ between bay and Oak Avenues
i-. t -~~,:1;r~ {Also known as FL29y0028~00~'):
herein called the "Housing Projects."
Section 4: It is estimated that the total i:ost to the
County of providing the Housing Projects including financing
Zosts, shah be Two Million Five Hundred and Twenty DOLLARS
{52,520,000). The County agrees to undertake, carry out and
complete the Housing Projects in accordance with the plans,
specifications, contracts and other contract documents approved
by the City, as expeditiously as practicable, The County further
agrees that it shall issue its revenue bonds (herein .called the
"County Obligations") in the principal amount of S2,520,000. to
pay, with other funds available therefore, the entire cost of the
Housing Projects. In addition, maximum Federal assistance through
an aggregate annual contribution of 5354,468.00 wilt be provided
for the Housing Projects by contract with the United States Depart-
ment of Housing and Urban Deve1•opment through the .Section 8 program
of the Housing and Community Development Act of 1974• The con-
struction and operation of the Housing Projects shall be subject
to applicable Federal regulations and conditions under said Section
$ p rog ram.
Section 5. In order to assist the County in financing
the Nousing Projects and to increase the• security and marketability
of the County Obligations, the City, pursuant to the Basic Agreement
and this Contract, hereby covenants and agrees to provide City
Assistance for financing the Housing Projects through the use of
proceeds of City Bonds as herein provided, As City Bonds are issued
and sold by the City from time to time, the net proceeds thereof
remaining after deducting all ousts and expenses of or attributable
to such issuance and sale shall be paid into a trust fund ar other
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ear~iarked atcou~t est~6lished ~~ ~ balk ~r iStheF de~~slt~ry by
the pity and shall be hold, adr~ifiisterpd; if5vestad end r~~
invested by the G i ty fir the purposes Orbvi ded i ~i tha Ord i YiaFice ~
the 13asi~ Agreement and this Project Eo~itract. earnings and
profits derived fror~ such investments shad be credited and losses
shall be charged to such fund.
Section
From the Monies paid into such fund, a
sum equal to the maximum Principal and Interest Requirements
(as defined in the Trust Indenture securing said County Obligations)
for any single Bond Year (as defined in said Trust Indenture) for
the County Obligations, which sum may not exceed $300,000, shall be
made available by the City as City Assistance to assist the County
in financing the Housing Projects. Such sum shall be transferred
by the City to the County contemporaneously with the delivery by
the County of its County Obligations and/or the receipt by the County
of the
proceeds of such obligations. Such transfer shall be
effected by the payment or deposit to the credit of the Special
Housing Fund established by said Trust Indenture as provided for in
Section 208 of said Trust Indenture. Such fund shall be held and
L1J ~ administered by the trustee under said Trust Indenture as additional
j ~ ~ security for. the County Obiigat'ions issued ar incurred for the
~ ~
~ W purpose of financing the Housing Projects and shall be held, admin-
~ ~ ~istered, applied or otherwise used for the Housing Projects in the
~ U manner and for the purposes provided in the Basic Agreement, in
Q
~ ('] this Project Contract and in the said Trust Indenture.
Section 7. Each year the County shall make a payment in
lieu of taxes (herein called PILOT) from the excess net revenues of
the Housing Project, if any, in an amount equal to eight ( 8 a ) of
the annual rent collected at Aade 8~6 and 8-7, including the Federal
Housing Assistance Payments, but ntrt, in any event, e~~ceeding such
excess net revenues for the particular year. If the excess net
reven±~es shall be sufficient to permit a PLOT at the full rates
described herein=above, the City and the County shall each receive a
`= ~~ -
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~orti~n rif tli~ ~ILt~~` ih the patio that 1t~ t~~' r~t~ b~~t'l; t~ the
total tax rate b~ the Gity ahd the Gau~ity; i~ the excels yet
reve~rues shaii be ihsufficient to ~i~rmit a PIL01` at the fuil rate,
the City shat"1 receive as much of its fult i'fLO~', as the excess
net revenue will permit, ahd the remaining excess tet revenue, if
any, shall be paid to the County in the manner described hereiih~above.
Excess net revenue shall mean the gross revenue of the Housing Project
less (i) the Operating Expense for the Housing Project, or (ii) so
long as any County Obligations are outstanding under the Trust
Indenture, the sum of the First through the Six deposits required by
Section 503 of the Trust Indenture.
In order to assist further the County in financing the
Housing Projects and to increase the security and marketability of
the County Obligations, and in consideration of the County's agree-
ment herein to issue its County Obligations and the County's pledge
of its share of certain payments in lieu of taxes ("PILOT") to the
extent and in the manner provided in the Trust Indenture securing
the County Obligations, the City agrees as follows:
(a) The City hereby pledges to the payment of the
W ~,
~.~,. ,, County Obligations all PILOT payable to the City with
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respect to ( i ) each
housing project
located wi th i n the
-~ ~.c.::, _,~ corporate 1 i mi is of the C i ty which w as owned by the
!~'z.. ~~ ;Y~ County as of Januar y 1 , 1978 and ( i i ) the Housing Pro-
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v ~' jects, and the City hereby agrees th at 50 long as any
Bond is outstanding under said Trust Indenture such
PILOT shall be deposited by the County on behalf of the
City in the PILOT Escrow Fund created by the Trust In-
denture to the extent and in the manner provided in
Section 502 of said Trust Indenture; provided, however,
that if on the date when any PILOT is payable with re-
sped to said housing projects or the Housing Projects
the amount held for the credit of the PILOT' Escrow Fund
f
;~ •:.
• •
e~uais of ~s~ceeds a~ amount e~uai td the maximum
i'ri~tici~iai ahd intcfest ~tetlui Fer~e~its for any s iF1~ia
cuFre~it cF Future i3dfid YaaP, the Gi ty`s sh~we ~~
such AIL-GT sh~ii be paid by the Goui~ty to the pity
in acc~rdaiice with said Trust indenture.
__
(b The City hereby agrees to deposit Sii0,d00 of
Community Development 13ioclt Grant funds or other monies
of the City not derived from ad valorem taxation
with the Trustee under said Trust indenture simuly
taneously with the delivery of the County Obligatio~ts
to the purchasers thereof, such sum to be held by said
Trustee in a special account for the purpose of paying
certain costs of constructing the Dade $-6 (Riverside)
Housing Project. Such costs shall be-paid by the
Trustee from said special account upon the receipt of
requisitions therefor in form satisfactory to said Trustee
signed by the Finance Director of the County or his
designee. Pending such payment, monies in said special
account shall be secured by said Trustee in the manner
provided in Section 601 of said Trust Indenture and shall
' be invested by said Trustee in Investment Obligations
. ,"" (as defined in said Trust indenture) to such extent and
~_
`- i in such manner as the Finance Director of the County or
. s
~~ ~~~~ his designee shall direct said Trustee in writing. Any
i . _.
;_~ ~ investment income derived from said special account shall
,..~.>
Cp`i :.....1 be pa i d by sa i d Trustee to the C i ty upon rece i pt thereof .
M
Any monies remaining in said special account after the
Dade 8-6 (Riverside) Housing Project is acquired by the
County purusant to said Trust Indenture shah be paid
by said Trustee to the City.
(c) The City hereby agrees to convey its title to the
site for the pade 8T6 (Riverside) Housing .Project to the
County prior to the execution by the County of Part ti of
the Acquisition Agreement (as defined in said Trust .indenture)
s.
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i`~r ~~ i d Houl i n~ i5 F~ jest - 1`hd county a~~ee5 t~
het i fy the ~ i ty off' the tiatc ~1` such ctit-vey~nce nbt
later that thirty (30) days iiricr tip such date.
iN Wi~'NCS~ WNEREOi, the CITY Ci: MIAMi, ~I:bRIDA, has
Caused this Co~itraCt to be executed in its Name and behalf by its
City Manager and. its official seal to be hereunto affixed and
attested by its City Clerk nr a Deputy City Clerk thereunto duly
authorized; and DADC COUNTY, FLORIDA, has Caused this GohtraCt to
be executed in its name and behalf by its County. Manager and the
official seal of the Board of County Commissioners to be hereunto
affixed and attested by the Clerk or a Deputy Clerk of said Board
thereunto duly authorized as of the day of
1978.
ATTEST:
City Clerk
CITY OF MIAMI, FLORlOA
By:
City Manager
(CITY SEAL)
ATTEST:
Clerk of the Board of
County Commissioners
.DADS COUNTY, FLORIDA
(COUNTY SEAL)
By:
County Manager
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RESOLUTION i•1C~r `' `" •`'~` •y
r~ RE5OL,UmI~~ REP>/t~I,IyG RE5OLU`I'fOt1 t~iO+ 77-559 I~:JD dP8FO0USI,i~itE
1'IQit1;dC~e'1L PL1N t~;iD PF~OJECT COi3TF2r1CT FOR 99 SECTiO.
L~;J'~T5 1OR itOUSEElOLDS OF ~SUCitD~+PPPOV~e`~I'EIStiCGt StSOTE'JT~r~,~iD~iIt ITTLI
i;~Ve~~il~ r1Nb COCOiIUT GrAVE;
ACCO~~'uiCE WITH TiiE ~ECN D DETCOU:IT`fIr1NDCTi1C CITIiOF 1I~~:• IFDITED
0>' ttle1~•1I $Y AND BETt
JUL~t 19 ~ 197G
p~CF.ie1S, there is a shortage of adequate housing units for households of
low and moderate income; and
- wHER.Er1S, the City of t•iiami passed a $25,000,000 Housing Bond Issue to
alleviate this crucial need; and
i4FiEREaS, the U. S. Department of Housing and Urbah Development has
allocated subsidies for 99 Section 8 new construction dwelling units for house-
holds of low and moderate income; and
WHEREAS, Dade County has prepared a Financial Plan and Project Contract
_ Housing s.n the
for said units in accordance with the Agreement for Financing
City of ;diami by and between Dade County and the City of tiiami, dated,
July 19, 1976; and
4dHEP.EAS, such Financial Plan and Project Contract requires approval by
the Commission of the City of Miami to proceed with the development of said
housing units;
NOW, THEREFORE, BE IT RESOLVED BY THE C0:•L'•1ISSION OF THE CITY OF i4IA:•iI,
FLORIDA
Section 1. Resolution No. 77-659 adopted on July 28, 1977 and .approving
the Financial Plan and Project Contract for 156 Section 8 housing units for
- households of low and moderate income located in Lummus Park, Little Havana,
re Baled.
Coconut Grove and .Model Cities is hereby p
ection 2. The Financial Plan and Project Contract for the 99 Section 8
S
housing units located in Little Havana and Coconut Greve are hereby approved.
Section 3. The City Manager is hereby authorized to coordinate with Dade
uide-
County in the development of said housing units in accordance with the g
lines established in the Agreement for Financing Housing in The City of tdiami
by and between Dade County and The City of Miami dated July 19, 1976•
CITY GQMMI~~ic:iJ ~
ME~TIN~ OF
aft; ~ 1 ~~~ to
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~pt,ti~K.Y ro .......... ....,,,,
~~.
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P:'~SSGD e1~1b ~1DOF''TED Tllf S 1 1'~•~t_, day of ,7~,iit~ )~+_. F~;_.-' i'' i ~;
i~1t'IURICL•' el. 1'Ej'-='E
i ~11Uf:2CE e+• FEF2RF.'
;•11~YOP.
~~ ~
aZ+'rEST ,~
~ , c, ~._. ~_:.. •.~ i~.,•
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.~ ~ RALPH G. Oi1GIc.
\ CITY CLERF
PREPARED ~p APPROVED BY'•
t•SICHEL E. ANDERSON
ASSIST.~,JT CITY ATTORNEY
GEORGE ~'
CITY ATTC
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C1TY C4MMISStON
~E~T1NG OF
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Ri ChBf'c~ 1, ~ ~'osriloefi
~,ct.ng City t9anager
~oena Spillman
bisector ,,,
Community Detrelopment
t: MAY ~ 19~~
}<~~ financial ~1an and P~dject Contrac
fof~ 99 Section $ Hotisiflg knits
_~~= ~•~~~~ City Commission Ac~erlda
T+2ay 1~, 1978
On December 20, 19'77, the City Commission approved Resolution tVo. 78-12
(enclosed) endorsing the financial plan and project contract for 99
Section 8 housing units in Little Havana and Coconut Grove.
Since that time, it has become necessary to revise the financial plan
and project contract to assure the sale of County bonds through an
adjustment in the financing of the projects by adjusting the payment
in lieu of taxes clause.
Both documents are found to be in accordance with the agreement for
Financing Housing in the City of Miami by and between Dade County and
the City of P~iiami dated July 19, 1976.
Partial repeal of Resolution 78-12 and review and approval by the
City Commission of the new financial plan are now necessary to proceed
with the development of the 99 housing units.
<<SUPP ~-,, ,,~..
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78-353
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Aunt>ti, Florida 33135 ~ ~ U ~711~1 ~7 ~ ~ R B A ~ ~ ~ V ~ L~ ~ ~ E N
h~.l'- I 1 SO OF~1CE OF DIRECTOR
I•ia,y 3 , 19 7 8
i~+ir. Joseph R. Grassie
City 'manager
City of I4liami
P. 0. Box 330708
Ivlia;"i, Florida 33133
Re: City of Miami N.ousing
Series "A" Bonds (99 units)
Dade 8-6 and 8-7
ileac i~ir. Grassie
For appropriate action by the City Commission, I am for-
~•~ardin~ the Resolution authorizing the execution cif the Project
Contract relatin to housing projects in the City of Miami de-
signated as Dade 8-6 (Riverside, 75 units for elderly) and
Dade 8-7 (Coconut Grove, 24 units for families) pursuant to the
Basic Agreement between the City and Dade County-dated July 19,
1976. This is beinc, sent to the County Commission at this time
for concurrent approval.
Then this resolution has been approved, please .have each
of the enclosed 5 copies of the Project Contract executed, and
return to r.,y office to be executed by the County. Also, please
senri us 2 executed copies of the City Resolution.
Very truly yours,
MJA/HVR/i:m
Fnclosu r~s
cc: Dona Spillman
~;d ^eSe3r
1~lelvitt ~?. Adams
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