20140521 SM2MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 2
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
May 21, 2014
Mayor Philip Levine
Vice-Mayor Micky Steinberg
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R7 -Resolutions
R7Q A Resolution Setting A Public Hearing To Consider Approving, On Second Reading (Pursuant
To Section 82-37 (A)(2) Of The City Code), The Vacation Of 87th Terrace (Nasturtium Street
Per Plat), A 50 Foot Right Of Way East Of Collins Avenue (Containing Approximately 18,042
Sq. Ft In Total Area), As Shown On The Plat Of Altos Del Mar Subdivision Number 2,
Recorded In Plat Book 4, Page 162, Of The Public Records Of Miami-Dade County, In Favor
Of 8701 Collins Development, LCC (The Applicant); Waiving, By 5/7ths Vote, The Competitive
Bidding Requirements (Pursuant To Section 82-39 (A) Of The City Code), Finding That The
Public Interest Would Be Served By Waving Such Condition; And Directing The City's
Planning Department To Prepare A Planning Analysis (Pursuant To Section 82-38 Of The City
Code) Related To The Proposed Vacation.
(Public Works)
(Memorandum & Resolution)
1
Supplemental Agenda, May 21, 2014
R9 • New Business and Commission Requests
R9H Discussion Regarding A Resolution Approving And Authorizing The Manager To Take The
Following Actions, Subject To And Conditioned Upon The Successful Negotiation Between The
City And Mount Sinai Medical Center Of Florida, Inc. ("Mount Sinai") Of The Grant Agreement And
Lease Agreement (Both As Hereinafter Defined): 1) Authorizing A Grant Contribution To Mount
Sinai, In The Principal Amount Of $18,750,000 (The "Grant Contribution"), Payable Over A Term
Of 15 Years, For The Sole Purpose Of Reimbursing Mount Sinai For Costs Associated With
Mount Sinai's Emergency Room Expansion Project (The "Project"); 2) Covenanting To Annually
Budget And Appropriate Funds From Legally Available Non-Ad Valorem Revenues To Pay Such
Grant Contribution; 3) Delegating Authority To The City Manager To Negotiate The Final Terms Of
The Grant Contribution Agreement With Mount Sinai ("Grant Agreement"); 4) Also Delegating
Authority To The City Manager To Negotiate A Lease Agreement With Mount Sinai For The City's
Emergency Management Office On The Mount Sinai Campus, For A Term Of 30-Years ("Lease
Agreement"); And 5) Further Directing The Mayor And City Clerk To Execute The Grant
Agreement And Lease Agreement Upon Conclusion Of Successful Negotiations.
(Requested by Commissioner Deede Weithorn)
(Revised Resolution}
2
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A
Public Hearing To Consider Approving, On Second Reading (Pursuant To Section 82-37 (A)(2) Of The
City Code), The Vacation Of 8J1h Terrace (Nasturtium Street Per Plat), A 50 Foot Right Of Way East
Of Collins Avenue (Containing Approximately 18,042 Sq. Ft In Total Area), As Shown On The Plat Of
Altos Del Mar Subdivision Number 2, Recorded In Plat Book 4, Page 162, Of The Public Records Of
Miami-Dade County, In Favor Of 8701 Collins Development, LCC (The Applicant); Waiving, By 5/7ths
Vote, The Competitive Bidding Requirements (Pursuant To Section 82-39 (A) Of The City Code),
Finding That The Public Interest Would Be Served By Waving Such Condition; And Directing The
City's Planning Department To Prepare A Planning Analysis (Pursuant To Section 82-38 Of The City
Code) Related To The Proposed Vacation.
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc N/A
Item Summary/Recommendation:
The City holds a right of way dedication to a fifty (50) foot wide road, running from Collins Avenue,
east 360 feet to "Parcel A", as set forth in the sketch attached as Exhibit "A" hereto, which originated
when the Plat of Altos Del Mar Subdivision Number 2 was platted in 1920 and approved by the City
(the aforestated property is hereinafter referred to as the "City Right of Way" or "City ROW").
8701 Collins Development, LCC (the Applicant) owns the property to the south of, and adjacent to,
the City Right of Way; the Applicant's property is the Biltmore Terrace Hotel (formerly known as the
Dezerland Hotel), located at 8701 Collins Avenue Miami Beach, Florida (Applicant's property is
hereinafter referred to as the "Property"). The Applicant intends to redevelop the current hotel located
on the Property, together with the parking lot located on the north half of the property, into a hotel,
condo-hotel and residential condominium (the "Proposed Development"). In conjunction with
Applicant's Proposed Development on the Property, Applicant is requesting that the City vacate the
City ROW, and has submitted its application to the City's Public Works Department with respect
thereto.
Pursuant to the City's existing Administrative policies and procedures to consider the vacation of the
City streets, alleys, and/or rights of way, which also require compliance with Article II, Sections 82-36
through 82-40 of the City Code (which establish the procedures governing the sale or lease of public
property), in addition to the aforestated application, prior to considering a request for vacation, a list of
requirements must be satisfied.
Although the City's procedures for the lease or sale of public property also require an advertised
public bidding process, the requirement may be waived by 5/7tn vote; in this case, and due to the
nature of the law pertaining to the vacation of rights of ways, the City Administration recommends that
the Mayor and City Commission waive the competitive bidding requirement, finding that the public
interest is served by waiving such condition.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION TO SET THE PUBLIC
HEARING.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Si n-Offs:
Department Director Assis
\)c,~ ETC
t:\agenda\2014\may\87th terrace vacation sum.docx
R7G (9 MIAMIBEACH DATE S'-2.I-tl{ 3
'9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o
FROM: Jimmy L. Morales, City Manager
DATE: May 21, 2014
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SET ING A PUBLIC HEARING TO CONSIDER
APPROVING, ON SECOND READING (PURSUANT TO SECTION 82-37 (a)(2) OF
THE CITY CODE), APPROVING THE VACATION OF 87TH TERRACE
(NASTURTIUM STREET PER PLAT), A 50 FOOT RIGHT OF WAY EAST OF
COLLINS AVENUE (CONTAINING APPROXIMATELY 18,042 SQ. FT IN TOTAL
AREA), AS SHOWN ON THE PLAT OF ALTOS DEL MAR SUBDIVISION NUMBER
2, RECORDED IN PLAT BOOK 4, PAGE 162, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, IN FAVOR OF 8701 COLLINS DEVELOPMENT, LCC (THE
APPLICANT); WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING
REQUIREMENTS (PURSUANT TO SECTION 82-39 (a) OF THE CITY CODE),
FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAVING SUCH
CONDITION; AND DIRECTING THE CITY'S PLANNING DEPARTMENT TO
PREPARE A PLANNING ANALYSIS (PURSUANT TO SECTION 82-38 OF THE
CITY CODE) RELATED TO THE PROPOSED VACATION.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution to set the public hearing.
BACKGROUND
The City holds a right of way dedication to a fifty (50) foot wide road, running from Collins
Avenue, east 360 feet to "Parcel A", as set forth in the sketch attached as Exhibit "A" hereto,
which originated when the Plat of Altos Del Mar Subdivision Number 2 was platted in 1920 and
approved by the City (the aforestated property is hereinafter referred to as the "City Right of
Way" or "City ROW").
8701 Collins Development, LCC (the Applicant) owns the property to the south of, and adjacent
to, the City Right of Way; the Applicant's property is the Biltmore Terrace Hotel (formerly known
as the Dezerland Hotel), located at 8701 Collins Avenue Miami Beach, Florida (Applicant's
property is hereinafter referred to as the "Property").
The Applicant intends to redevelop the current hotel located on the Property, together with the
parking lot located on the north half of the property, into a hotel, condo-hotel and residential
condominium (the "Proposed Development").
4
Vacation of 871h Terrace east of Collins Ave-Memo
May 21, 2014 Page 2 of 2
In conjunction with Applicant's Proposed Development on the Property, Applicant is requesting
that the City vacate the City ROW, and has submitted its application to the City's Public Works
Department with respect thereto.
Pursuant to the City's existing Administrative policies and procedures to consider the vacation of
the City streets, alleys, and/or rights of way, which also require compliance with Article II,
Sections 82-36 through 82-40 of the City Code (which establish the procedures governing the
sale or lease of public property), in addition to the aforestated application, prior to considering a
request for vacation, the following requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard by the City
Commission on two separate meeting dates, with the second reading to be
accompanied by a duly noticed public hearing, in order to obtain citizen input into the
proposed vacation;
2) The proposed vacation shall be transmitted to the Finance and Citywide Projects
Committee ("Committee") for its review (Note: The Committee reviewed the proposed
vacation at its May 20, 2014 meeting);
3) In order for the City Commission and the public to be fully appraised of all conditions
relating to the proposed vacation, the City's Planning Department shall prepare a written
planning analysis, to be submitted to the City Commission concurrent with its
consideration of the proposed vacation;
4) The City shall obtain an independent appraisal of the fair market value of the property
proposed to be vacated, which shall include a definition of the property based on
proposed and possible issues including, without limitation, the highest and best use of
the property by the Applicant (Note: An appraisal was obtained by the City's Public
Works Department on April 2, 2014; and
Although the City's procedures for the lease or sale of public property also require an advertised
public bidding process, the requirement may be waived by 5/ih vote; in this case, and due to
the nature of the law pertaining to the vacation of rights of ways, the City Administration
recommends that the Mayor and City Commission waive the competitive bidding requirement,
finding that the public interest is served by waiving such condition.
CONCLUSION
The Administration recommends approving the Resolution to set the public hearing.
JLM/MT/ETC/JJF
t:\agenda\2014\may\87th terrace vacation setting public hearing memo.docx
5
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RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER
APPROVING, ON SECOND READING (PURSUANT TO SECTION 82-37 (a)(2)
OF THE CITY CODE), THE VACATION OF 87rH TERRACE (NASTURTIUM
STREET PER PLAT), A 50 FOOT RIGHT OF WAY EAST OF COLLINS
AVENUE (CONTAINING APPROXIMATELY 18,042 SQ. FT IN TOTAL AREA),
AS SHOWN ON THE PLAT OF ALTOS DEL MAR SUBDIVISION NUMBER 2,
RECORDED IN PLAT BOOK 4, PAGE 162, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, IN FAVOR OF 8701 COLLINS DEVELOPMENT, LCC
(THE APPLICANT); WAIVING, BY 5/7THS VOTE, THE COMPETITIVE
BIDDING REQUIREMENTS (PURSUANT TO SECTION 82-39 (a) OF THE CITY
CODE), FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY
WAVING SUCH CONDITION; AND DIRECTING THE CITY'S PLANNING
DEPARTMENT TO PREPARE A PLANNING ANALYSIS (PURSUANT TO
SECTION 82-38 OF THE CITY CODE) RELATED TO THE PROPOSED
VACATION.
WHEREAS, the City holds a right of way dedication to a fifty (50) foot wide road, running
from Collins Avenue, east 360 feet to "Parcel A", as set forth in the sketch attached as Exhibit
"A" hereto, which originated when the Plat of Altos Del Mar Subdivision Number 2 was platted in
1920 and approved by the City (the aforestated property is hereinafter referred to as the "City
Right of Way" or "City ROW"); and
WHEREAS, 8701 Collins Development, LCC (the Applicant) owns the property to the
south of, and adjacent to, the City Right of Way; the Applicant's property is the Biltmore Terrace
Hotel (formerly known as the Dezerland Hotel), located at 8701 Collins Avenue Miami Beach,
Florida (Applicant's property is hereinafter referred to as the "Property"); and
WHEREAS, Applicant intends to redevelop the current hotel located on the Property,
together with the parking lot located on the north half of the property, into a hotel, condo-hotel
and residential condominium (the "Proposed Development"); and
WHEREAS, in conjunction with Applicant's Proposed Development on the Property,
Applicant is requesting that the City vacate the City ROW, and has submitted its application to
the City's Public Works Department with respect thereto; and
WHEREAS, pursuant to the City's existing Administrative policies and procedures to
consider the vacation of the City streets, alleys, and/or rights of way, which also require
compliance with Article II, Sections 82-36 through 82-40 of the City Code (which establish the
procedures governing the sale or lease of public property), in addition to the aforestated
application, prior to considering a request for vacation, the following requirements must be
satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard by the City
Commission on two separate meeting dates, with the second reading to be
accompanied by a duly noticed public hearing, in order to obtain citizen input into the
proposed vacation;
2) The proposed vacation shall be transmitted to the Finance and Citywide Projects
Committee ("Committee") for its review (Note: The Committee reviewed the proposed
7
vacation at its May 20, 2014 meeting);
3) In order for the City Commission and the public to be fully appraised of all conditions
relating to the proposed vacation, the City's Planning Department shall prepare a written
planning analysis, to be submitted to the City Commission concurrent with its
consideration of the proposed vacation;
4) The City shall obtain an independent appraisal of the fair market value of the property
proposed to be vacated, which shall include a definition of the property based on
proposed and possible issues including, without limitation, the highest and best use of
the property by the Applicant (Note: An appraisal was obtained by the City's Public
Works Department on April 2, 2014; and
WHEREAS, although the City's procedures for the lease or sale of public property also
require an advertised public bidding process, the requirement may be waived by 5/yth vote; in
this case, and due to the nature of the law pertaining to the vacation of rights of ways, the City
Administration recommends that the Mayor and City Commission waive the competitive bidding
requirement, finding that the public interest is served by waiving such condition.
NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby set a public hearing, to consider approving, on second reading (pursuant to
Section 82-37 (a)(2) of the City Code), the vacation of 8th Terrace (Nasturtium Street per plat),
a 50 foot right of way east of Collins Avenue (containing approximately 18,042 sq ft. in total
area), as shown on the plat of Altos Del Mar Subdivision Number 2, recorded in Plat Book 4,
Page 162, of the Public Records of Miami-Dade County, in favor of 8701 Collins Development,
LCC (the Applicant); waiving, by 5/7ths vote, the competitive bidding requirements, pursuant to
Section 82-39 (a) of the City Code, finding that the public interest would be served by waving
such condition; and directing the City's Planning Department to prepare a planning analysis
(pursuant to Section 82-38 of the City Code) related to the proposed vacation.
PASSED and ADOPTED this __ day of ________ , 2014.
ATTEST:
RALPH GRANADO, CITY CLERK
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
;;;;;Jj_ QG'.J_
City Attorney
8
RESOLUTION NO. ------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA (THE "CITY") APPROVING AND
AUTHORIZING THE MANAGER TO TAKE THE FOLLOWING
ACTIONS, SUBJECT TO AND CONDITIONED UPON THE
SUCCESSFUL NEGOTIATION BETWEEN THE CITY AND MOUNT
SINAI MEDICAL CENTER OF FLORIDA, INC. ("MOUNT SINAI") OF
THE GRANT AGREEMENT AND LEASE AGREEMENT (BOTH AS
HEREINAFTER DEFINED): 1) AUTHORIZING A GRANT
CONTRIBUTION TO MOUNT SINAI, IN THE PRINCIPAL AMOUNT OF
$18,750,000 (THE "GRANT CONTRIBUTION"), PAYABLE OVER A
TERM OF 15 YEARS, FOR THE SOLE PURPOSE OF REIMBURSING
MOUNT SINAI FOR COSTS ASSOCIATED WITH MOUNT SINAI'S
EMERGENCY ROOM EXPANSION PROJECT (THE "PROJECT");
2) COVENANTING TO ANNUALLY BUDGET AND APPROPRIATE
FUNDS FROM LEGALLY AVAILABLE NON-AD V ALOREM
REVENUES TO PAY SUCH GRANT CONTRIBUTION; 3) DELEGATING
AUTHORITY TO THE CITY MANAGER TO NEGOTIATE THE FINAL
TERMS OF THE GRANT CONTRIBUTION AGREEMENT WITH
MOUNT SINAI ("GRANT AGREEMENT"); 4) ALSO DELEGATING
AUTHORITY TO THE CITY MANAGER TO NEGOTIATE A LEASE
AGREEMENT WITH MOUNT SINAI FOR THE CITY'S EMERGENCY
MANAGEMENT OFFICE ON THE MOUNT SINAI CAMPUS, FOR A
TERM OF 30-YEARS ("LEASE AGREEMENT"); AND 5) FURTHER
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE
GRANT AGREEMENT AND LEASE AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS.
WHEREAS, since its founding in 1949, Mount Sinai has faithfully served the residents
of the City, Miami Dade County, and their visitors and guests; and
WHEREAS, over the course of its history, Mount Sinai's mission and importance to the
local community has greatly expanded to include its designation as one of only ten statutorily
designated teaching hospitals in the State of Florida, and the City's largest private employer; and
WHEREAS, Mount Sinai has over 200,000 inpatient and outpatient admissions
annually; and
WHEREAS, Mount Sinai is currently the only hospital and emergency healthcare
services provider on the barrier islands to service Miami Beach's more than 5 million annual
visitors; and
WHEREAS, the Emergency Room ("ER") was constructed in 1972 and is comprised of
approximately 16,000 square feet of space; and
Agenda Item R9H
Date 5-2/-/ '( 9
WHEREAS, ER utilization increased 46%, from 28,917 visitors in 2002, to 42,238
visitors in 2012, and is anticipated to increase approximately 49%, to a total of 62,800 visitors by
2020;and
WHEREAS, the aforementioned ER utilization rates occurred during a period of time in
the City's history when its resident population remained static or experienced slight declines; and
WHEREAS, ER utilization rates are highly correlated to increase in average daily
visitors,. with visitor rates during the same ten-year period between 2002 and 2012 experiencing
similar annual growth trends, yielding a .969 correlation co-efficient between growth in the
tourism industry and ER usage; and
WHEREAS, the Mayor and City Commission hereby find and declare that the Project
(as defined in this Resolution) is a capital improvement to a physical asset which is essential to
the welfare, safety, and well-being of the residents of, and visitors to, the City, and that, as such,
the Project serves a vital public purpose to the City; and
WHEREAS, non-ad valorem revenues may, in part, be utilized to fund capital
improvements and the maintenance of all physical assets which are essential to the welfare,
safety, and well-being of the residents of, and visitors to, the City, and which serve a public
purpose to the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, subject to and
conditioned upon the successful negotiation of the Grant Agreement and Lease Agreement (both,
as defined in this Resolution), the Mayor and City Commission hereby approved and authorize
the following actions:
Section 1. The City is hereby authorized to provide Mount Sinai with a grant, to be
funded as provided in Section 2 below, in the principal amount of $18,750,000, paid in equal
principal payments of $1,250,000, million over a 15-year term (the "Grant Contribution").
Provided the City and Mount Sinai successfully negotiate the final terms of, and execute, the
Grant Agreement and Lease Agreement, the term of the Grant Agreement shall commence at the
start of the City's 2014-2015 Fiscal Year. The Grant Contribution shall be used for the sole
purpose of reimbursing Mount Sinai for costs associated with the Project.
Section 2. The City is hereby authorized to covenant to budget and appropriate in its
annual budget, by amendment if necessary, from legally available non-ad valorem revenues in
the then current fiscal year, amounts sufficient to pay the Grant Contribution coming due in such
fiscal year, until paid in full. Such covenant to budget and appropriate funds shall be subject to
successful negotiation and execution by the City and Mount Sinai of the Grant Agreement and
Lease Agreement, and shall be further subject to the terms and conditions negotiated in the final
Grant Agreement. ·
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Section 3. The City Manager is authorized to negotiate the Grant Agreement,
consistent with the business terms set forth in this Resolution. Said Agreement shall also reserve
to the City, at is sole option, the right to pre-pay the Grant Contribution, without penalty or
premium and with such discounts as may be reflected in the Grant Agreement.
Section 4. Should Mount Sinai, at any time, pre-pay the outstanding Principal
Amount of the Series 2014 Bonds, and the resulting principal outstanding balance on said Series
2014 Bonds is equal to or less than the Principal Amount then owed by the City to Mount Sinai,
the City's obligation to pay any interest shall be released, and the City shall only remit to Mount
Sinai payment for the Principal Amount then outstanding for the balance of the term of the Grant
Agreement.
Section 5. The City Manager is further authorized to negotiate a Lease Agreement
(or "Lease") with Mount Sinai for the City's use of a minimum of 1,000 square feet of space on
the Mount Sinai campus. Said Lease shall be for the operation of the City's Emergency
Management Office for an initial minimum term of 30 years and a rental amount of $1 per year
(the City's consideration for rent on the Lease being the Grant Contribution). The City shall bear
all costs associated with the tenant build-out of the Lease premises.
Section 6. The Mayor, City Clerk, City Manager, City Attorney, and Chief Financial
Officer are hereby authorized and directed to do all things and execute any and all documents
necessary to carry-out the intent of this Resolution including, without limitation, engaging the
City's bond counsel (or other outside counsel selected by the City Attorney) and financial advisor
to assist in the negotiation and execution of the Grant Agreement and Lease Agreement. In the
event that the City retains bond counsel (or other outside counsel) to assist in the negotiation and
execution of the Grant Agreement, Mount Sinai shall pay any and all costs associated with the
City's legal fees with respect thereto. Upon conclusion of successful negotiation by the City and
Mount Sinai of the Grant Agreement and Lease Agreement (the "Agreements") the Mayor and
City Clerk are hereby authorized to execute such Agreements.
PASSED AND ADOPTED this __ day of ___ , 2014.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
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