Item H38BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16, 2015 Department: Planning & Environmental Resources
Bulk Item: Yes X No Staff Contact /Phone #: Mayte Santamaria/289-2562
AGENDA ITEM WORDING: Approval of an Interlocal Agreement between Monroe County and
the City of Marathon transferring 32 Low and 4 Very Low Affordable Housing ROGO Allocations
from Monroe County to the City of Marathon.
ITEM BACKGROUND: Anchorage Homes, LLC, is requesting the transfer of 36 Affordable
Housing ROGO Allocations from Monroe County to the City of Marathon in order to develop 36
affordable dwelling units at the site known as Seagrass Village, located at 64`h Street and Ocean Way in
Marathon. The developer's proposal includes housing units that fall into the Very Low and Low
affordable housing income categories. Transfer of the 36 affordable allocations to the City of Marathon
is allowed by an interlocal agreement, pursuant to Section 130-161(g) of the Monroe County Land
Development Code, Policy 101.2.15 of the Monroe County Year 2010 Comprehensive Plan, and
Florida Statutes, Section 163.01, et seq., Florida Interlocal Cooperation Act of 1969.
As of the beginning of ROGO Year 24 (July 14, 2015-July 13, 2016), unincorporated Monroe County
has 302 Affordable Housing ROGO Allocations available for the Lower and Upper ROGO Subareas
combined (excludes Big Pine/No Name Keys Subarea). Of these, 157 are available for very low, low
and median income categories; 145 are available for the moderate income category. Additional
Affordable Housing ROGO Allocations becoming available in future ROGO Years 25-31 (July 14,
2016-July 13, 2023) are anticipated to total 497 for the Lower and Upper ROGO Subareas.
The Interlocal agreement would approve the transfer of 32 Low and 4 Very Low Affordable Housing
ROGO Allocations from Monroe County to the City of Marathon for the subject project, contingent on
the project receiving all necessary approvals from the City of Marathon by March 15, 2015, and
receiving certificate of occupancy for the affordable units related to such allocations prior to December
31, 2019. In the event the subject project fails to obtain federal or state housing financial assistance and
complete the construction as evidenced by issuance of a certificate of occupancy for all 36 units by the
City of Marathon, the ROGO allocations shall revert to Monroe County.
The agreement for transfer of the units is tentatively scheduled to be reviewed by the Marathon City
Council at the September 21, 2015 meeting. The proposed residential development will also require a
conditional use permit under Marathon's land development regulations. The conditional use permit has
not been reviewed or approved by the Marathon City Council yet. The project is tentatively scheduled
to be reviewed by the Marathon City Council at the September 21, 2015 meeting.
Comprehensive Plan Policy 101.2.15:
Notwithstanding any other provision of the comprehensive plan, ROGO allocations and nutrient
reduction credits utilized for affordable housing projects may be pooled and transferred between
ROGO sub -districts and between local government jurisdictions within the Florida Keys ACSC. Any
such transfer between local government jurisdictions must be accomplished through an interlocal
agreement between the sending and receiving local governments.
Land Development Code Section 130-161(g):
Interlocal affordable rate ofgrowth allocation agreements.
The board of county commissioners may authorize interlocal agreements between the county and the
cities of Marathon, and Key West, and Islamorada, Village of Islands for the purpose of sharing
residential rate of growth affordable housing allocations. The interlocal agreements may be based
upon a specific project proposal within one or more jurisdictions or may be for a specific allocation of
units on an annual basis, from the county to a municipality or from a municipality to the county. All
allocations made available to a jurisdiction must meet the applicable affordable housing requirements
of the receiving jurisdiction's land development regulations and affordable housing ordinances.
Florida Statutes, Section 163.01, et seq., Florida Interlocal Cooperation Act of 1969:
It is the purpose of this section to permit local government units to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby
to provide services and facilities in a manner andpursuant to forms of governmental organization that
will accord best with geographic, economic, population, and other factors influencing the needs and
development of local communities.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH_
APPROVED BY: County Atty PM OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
Year
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
This Agreement ("Agreement") is made and entered into this day of , 2015,
by and between Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida 33040 ("County"), and the City of Marathon, a municipal
corporation of the State of Florida, whose address is 9805 Overseas Highway, Marathon, Florida
33050 (the "City").
WITNESSETH:
WHEREAS, Monroe County and the City of Marathon recognize the value of regional
partnerships in smart growth; and
WHEREAS, Policy 101.2.15 of the Year 2010 Monroe County Comprehensive Plan allows
rate of Growth Ordinance building permit allocations (ROGOs) for affordable housing projects to
be pooled and transferred between local government jurisdictions within the Florida Keys Area of
Critical Concern, if accomplished through an interlocal agreement between the sending and
receiving local governments; and
WHEREAS, Chapter Five (5) of the City Comprehensive Plan identifies goals, objectives
and policies to provide for development pursuant to intergovernmental coordination and interlocal
agreements; and
. WHEREAS, Monroe County and the City of Marathon have previously entered into
Interlocal Agreements to transfer ROGOs; and
WHEREAS, Monroe County and the City of Marathon recognize the potential economic
value of such transferable affordable allocations; and
WHEREAS, this Agreement is entered into according to the authority of Florida Statutes,
Section 163.01, et seq., Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local governmental units to make the most
efficient use of their powers by enabling them to cooperate with other localities on a
basis of mutual advantage and thereby to provide services and facilities in a manner
and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and
development of local communities"; and
WHEREAS, the comprehensive plans of Monroe County and the City of Marathon
expressly identify interlocal agreements as a means of resolving issues mutually affecting their
respective jurisdictions; and
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WHEREAS, the State of Florida Housing Finance Corporation (FHFC) Low Income
Housing Tax Credits (LIHTC) application deadline is October 15, 2015; and
WHEREAS, Anchorage Homes, LLC, and/or Seagrass Village, Ltd., a Florida limited
partnership and or their assigns will be an applicant for FHFC LIHTC funding for 36 affordable
housing units (hereinafter referred to as "project") expected to be ranked and approved by the spring
of 2016, with closing on the project expected to occur by the Fall of 2016; and
WHEREAS, Anchorage Homes, LLC is an applicant for a Major Conditional Use to obtain
approval for a project that includes thirty-six (36) affordable housing units expected to be heard and
approved by the City of Marathon Planning Commission on September 21, 2015, after the Monroe
County Board of County Commission is expected to the consider this Agreement at the following
site:
LEGAL DESCRIPTION - OFFICIAL RECORDS BOOK 1874, PG 87
Tract Eight (8) in EDMONDS ACREAGE TRACTS, according to the Plat thereof, as
recorded in Plat Book 2 at Page 100 of the Public Records of Monroe County, Florida;
LESS all of DAYS SUBDIVISION, according to the plat thereof, as recorded in Plat Book
3 at Page 15 of the Public Records of Monroe County,
A parcel of bay bottom land in the Straits of Florida South of and adjacent to Government
Lot 1, Section 11, Township 66 South, Range 32 East of Key Vaca, Monroe County, Florida
and being more particularly described by metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot 1, Section 11,
Township 66 South, Range 32 East and the Southeasterly right-of-way line of U.S. Highway
No. 1, bear Northeasterly along the Southeasterly right-of-way line of U.S. Highway No. 1
for a distance of 746.2 feet to a point; thence bear due South for a distance of 1450 feet,
more or less, to a point on the shoreline of the Straits of Florida, said point also know as the
point of beginning of the parcel of bay bottom land hereinafter described, from said point of
beginning, continue bearing South for a distance of 1140 feet, more or less, to a point;
thence at right angles and East for a distance of 238.88 feet to a point; thence at right angles
and North for a distance of 1480 feet, more or less, back to the shoreline; thence meander
the shoreline in a Southwesterly direction back to the point of beginning, containing 8.0
acres, more or less, and lying and being in the County of Monroe in said State of Florida.
PROPERTY DESCRIPTION
Tract Eight (8) in EDMONDS ACREAGE TRACTS, according to the Plat thereof, as
recorded in Plat Book 2 at Page 100 of the Public Records of Monroe County, Florida;
LESS all of DAY'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book
3 at Page 15 of the Public Records of Monroe County, Florida, being more particularly
described by metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot 1, Section 11,
Township 66 South, Range 32 East and the Southeasterly right-of-way line of U.S. Highway
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No. 1, bear Northeasterly along the Southeasterly right-of-way line of U.S. Highway No. 1
for a distance of 746.2 feet to a point; thence bear due South for a distance of 880.00 feet to
the Point of Beginning:
thence bear due East for a distance of 238.88 feet;
thence due South for a distance of 534.73 feet to the Mean High Water Line;
thence along the Mean High Water Line for the following five Calls:
thence S75°10'42"W for 20.96 feet; thence N89°25'23"W for 66.96 feet;
thence S83°19'51"W for 43.16 feet; thence N87°20'34"W for 81.33 feet;
thence S60°06'13"W for 31.78 feet; thence leaving the Mean High Water Line due North for
a distance of 556.50 feet back to the Point of Beginning. Containing 129,452 sq. ft. (2.97
acres)
TOGETHER WITH:
PROPERTY DESCRIPTION
A parcel of bay bottom land in the Straits of Florida, South of and adjacent to Government
Lot 1, Section 11, Township 66 South, Range 32 East of Key Vaca, Monroe County,
Florida, being more particularly described by metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot 1, Section 11,
Township 66 South, Range 32 East and the Southeasterly right-of-way line of U.S. Highway
No. 1, bear Northeasterly along the Southeasterly right-of-way line of U.S. Highway No. 1
for a distance of 746.2 feet to a point; thence bear due South for a distance of 1450 feet,
more or less, to a point on the shoreline of the Straits of Florida, said point also to be known
as the point of beginning of the parcel of bay bottom land hereinafter described; from said
point of beginning, continue bearing South for a distance of 1440 feet, more or less, to a
point; thence at right angles and East for a distance of 238.88 feet to a point; thence at right
angles and North for a distance of 1480 feet, more or less, back to the shoreline; thence
meander the shoreline in a Southwesterly direction back to the point of beginning,
containing 8.0 acres, more or less, and lying and being in the County of Monroe in said State
of Florida, being more particularly described by metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot 1, Section 11,
Township 66 South, Range 32 East and the Southeasterly right-of-way line of U.S. Highway
No. 1, bear Northeasterly along the Southeasterly right-of-way line of U.S. Highway No. 1
for a distance of 746.2 feet to a point; thence bear due South for a distance of 1436.50 feet to
the Mean High Water Line, said point also to be known as the Point of Beginning of the
parcel of bay bottom land hereinafter described; from said Point of Beginning, continue
bearing due South for a distance of 1453.50 feet; thence at right angles and due East for a
distance of 238.88 feet; thence at right angles and due North for a distance of 1475.27 feet
back to the Mean High Water Line;
thence along the Mean High Water Line for the following five Calls:
thence S75°10'42"W for 2096 feet; thence N89°25'23"W for 66.96 feet;
thence S83°19'51"W for 43.16 feet; thence N87°20'34"W for 81.33 feet;
thence S60°06'13"W for 31.78 feet back to the Point of Beginning. Containing 350,698 sq.
ft. (8.05 acres); and
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public.
WHEREAS, the parties have determined that this Agreement is in the best interests of the
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. TRANSFER: The parties agree to permit the transfer of up to thirty- six (36)-
comprised of thirty-two (32) low-income category and four (4) very low income category ROGO
allocations from Monroe County to the City of Marathon for allocation, pursuant to this Agreement,
and subject to the conditions contained therein, including but not limited to:
a. Anchorage Homes, LLC, or its assignee, obtaining a Conditional Use approval prior to
March 15, 2015.
b. Anchorage Homes, LLC and/or Seagrass Village, Ltd., or their assignee, constructing
and obtaining a certificate of occupancy for the affordable units related to such
allocations prior to December 31, 2019.
c. The filing of a 99 year Affordable Housing Deed Restriction on the new affordable
housingunits pursuant to this Agreement and the applicable requirements of the Code of
Ordinances, City of Marathon, Florida.
Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable
allocations to the City, and the thirty-six (36) affordable housing allocations are to be issued by the
City to be used specifically by Anchorage Homes, LLC, or its successor or assign (Assignment
attached as Exhibit "A"), at the development in Marathon known as Seagrass located on 641h
Street, Ocean, Marathon, Florida 33050 (Legal Description attached as Exhibit "B"). In the event
the subject project or, as applicable, Anchorage Homes, LLC, or, as applicable, its assign(s) and
successor(s) in interest or title, fail to obtain federal or state housing financial assistance and
complete the construction as evidenced by issuance of a certificate of occupancy for all 36 units by
the City of Marathon, any units which have not received a certificate of occupancy shall result in
those allocations reverting to Monroe County and to their former status under the Agreement. No
amendment to this agreement is necessary to necessitate the reverted clause.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force until one of the following occur:
1. The project is not granted funding by FHFC LIHTC program in the FYI 5-16 or FY 16-
17 competitive cycle; or
2. The project does not complete construction and does not obtain certificates of occupancy
for 36 units by December 31, 2019. All units for which certificates of occupancy are
issued prior to December 31, 2019 shall remain subject to this agreement irrespective of
whether all 36 units contemplated herein receive certificates of occupancy.
Section 4. NOTIFICATION: The City of Marathon shall (1) notify Monroe County of any
assignment(s) and successor(s) in interest or title to Anchorage Homes LLC for the duration of
Anchorage Homes LLC's and/or Seagrass Village, Ltd.'s interest(s) in the ROGO allocations
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described in Section 1. ("Transfer") above, and (2) shall notify Monroe County of any
assignment(s) and successor(s) in interest or title to the ROGO allocations described in Section 1.
("Transfer") above at least thirty (30) days prior to the date of such transfer or succession by
certified U.S. Postal Service Certified mail to the Monroe County Planning & Environmental
Resources Senior Director. City of Marathon shall provide written notice to Monroe County of the
extension, termination, or expiration of the Conditional Use Permit for the Anchorage Homes, LLC
and/or Seagrass Village, Ltd.'s project. City of Marathon shall provide written notice to Monroe
County of the issuance of Certificates of Occupancy for the affordable units within thirty (30) days
after issuance of said certificates.
All such notices under this Section ("Section 4.") shall be sent to the following addresses:
Monroe County County Administrator
1100 Simonton Street, Key West, FL 33040
Planning & Environmental Resources Department
Attn: Senior Director
2798 Overseas Highway, Marathon, FL 33050
Failure of the City of Marathon or Anchorage Homes, LLC, and/or Seagrass Village Ltd., or
their assign(s) or successor(s) in interest or title to perform any act required by this Section or any
other requirement of this Agreement shall neither impair nor limit the validity of this interlocal
agreement or limit its enforceability in any way.
Section 5. GOVERNING LAWS/VENUE: This Agreement shall be construed in
accordance with and governed by the laws of the State of Florida and the United States. Exclusive
venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and
for Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a
reasonable attorney's fee and costs. This Agreement is not subject to arbitration.
Section 6. NONDISCRIMINATION: The parties agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. The parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to (1) Title VI of the Civil Rights Act of 1964
(P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin; (2)
Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. s. 1975, as amended (42
U.S.C. ss. 6101-6107)), which prohibits discrimination on the basis of age; (4) The Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; (5) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (6) The Public Health Service Act of 1912, ss. 523 and 527
(42 U.S.C. ss. 290 dd-3 and 290 ee(03), as amended, relating to confidentiality of alcohol and drug
abuse patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as
may be amended from time to time, relating to nondiscrimination on the basis of disability; (8) The
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Florida Civil Rights Act of 1992 (Chapter 760, Florida Statutes, and Section 509.021, Florida
Statutes), as may be amended from time to time, relating to non-discrimination; and (9) any other
nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to
the parties to, or the subject matter of, this Agreement.
Section 7. CODE OF ETHICS: The parties agree that their officers and employees
recognize and will be required to comply with the standards of conduct relating to public officers
and employees as delineated in Section 112.313, Florida Statutes regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position; conflicting employment or contractual relationship; and disclosure or use
of certain information.
Section 8. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to
pay any person, company, corporation, individuals, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach of violation of this
provision, each party agrees that the other party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the fall
amount of such fee, commission, percentage, gift, or consideration.
Section 9. SUBORDINATION: This Agreement is subordinate to the laws and regulations
of the United States and the State of Florida, whether in effect on commencement of this Agreement
or adopted after that date.
Section 10. INCONSISTENCY: 1f any item, condition, or obligation of this Agreement is
in conflict with other items of this Agreement, the inconsistencies shall be construed so as to give
meaning to those terms which limited the County's responsibility or liability.
Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters or
other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the parties in conjunction with this Agreement.
Section 12. NON -RELIANCE BY NON-PARTIES: Other than as stated herein, no person
or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third -party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the parties agree that neither the County nor the City, or any agent,
officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that
any particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
Section 13. NO PERSONAL LIABILITY: No covenant or agreement contained herein
shall be deemed to be a covenant or agreement of any member, officer, agent or employee of a party
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in his or her individual capacity, and no member, officer, agent or employee of a party shall be
liable personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
Section 14. NOTICES: In addition to those communication and notice requirements set
forth in Section 4 of this Agreement, all notices and other communications hereunder must be in
writing and addressed as follows, or to any other address which either party may designate to the
other party by mail:
If to County: Roman Gastesi, Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
Planning & Environmental Resources Department
Attn: Senior Director
2798 Overseas Highway, Marathon, FL 33050
With a copy to: Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
Gregory S. Oropeza, Esq. (Attorney for Owner/Developer)
Smith I Oropeza I Hawks, P.L.
138 Simonton Street
Key West, Florida 33040
If to City: City Manager
9805 Overseas Highway
Marathon, Florida 33050
George Garrett
Planning Director
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
With a copy to: David Migut, Esquire
City Attorney
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
Gregory S. Oropeza, Esq. (Attorney for Owner/Developer)
Smith I Oropeza I Hawks, P.L.
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138 Simonton Street
Key West, Florida 33040
Any notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight
delivery service.
Section 15. ENTIRE AGREEMENT/MODIFICATIONfAMENDMENT: This writing
contains the entire Agreement of the parties and supersedes any prior oral or written representations.
No representations were made or relied upon by either party, other than those that are expressly set
forth herein. No agent, employee, or other representative of either party is empowered to modify or
amend the terms of this Agreement, unless executed with the same formality as this document.
Section 16. MISCELLANEOUS: Each party represents and warrants to the other that the
execution, delivery, and performance of this Agreement has been duly authorized by all necessary
corporate or other organizational action, as required.
Section 17. COUNTERPARTS: This Agreement may be executed in several counterparts,
each of which shall be deemed an original, and such counterparts shall constitute one and the same
instrument.
Section 18. EFFECTIVE DATE: This Agreement shall take effect on the date set forth
above.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Danny L. Kolhage
Date:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
Assistant County Attorney
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ATTEST:
THE CITY OF MARATHON, FLORIDA
By:
DIANE CLAVIER Mayor Chris Bull
City Clerk
Date:
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FLORIDA ONLY:
Mm
David Migut, City Attorney
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