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2009-23CONTRACTOR AGREEMENT ~a THIS AGREEMENT, made and entered into this ~ day of ~t ~r,-c~ 2009, A.D., by and between the City of Clermont, 685 W. Montrose Street, Clermont, Florida (hereinafter xefezxed to as "OWNER"), and PAQCO Inc., 101 Weber Avenue, Leesburg, Florida 34748 (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: SECTION I -SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described as follows: Construct an asphaltic concrete pazking lot approximatelysix hundred seventy five square yazds (675 scL~d.) and perimeter concrete sidewalk located at City of Clermont's Historic Village per sketch dated August 3, 2009 and revised August 18, 2009. SECTION II -THE CONTRACT SUM The OWNER shall pay to the CONTRACTOR, for the faithful performance of the Contract, in lawful tender of the United States, and subject to addition and deductions as provided in the Contract Documents, the Compensation Schedule, attached hereto and incorpoxated herein as Exhibit "A" and the Unit Price Schedule, attached hereto and incorporated herein as Exhibit "B." The total contract sum shall not exceed Nineteen thousand, One hundred Fifty Six dollars and Twenty Five cents. DOLLARS {$19156.25 SECTION III -COMMENCEMENT AND COMPLETION OF WORK 1) The CONTRACTOR shall commence work within 10 calendar days after receipt of (i) Notice to Proceed, and (ii} receipt of three (3) sets of conformed plans, and (iii) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within fifteen (15) days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified by the OWNER's Architect as sufficiently complete, in accordance with the Contract Documents, so the OWNER can occupy or utilize the work or designated portion thereof for the use for which it is intended. 2) The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3) The CONTRACTOR further declares he has examined the site of the work and that from personal knowledge and experience or that he has made sufficient investigations to fully satisfy himself that such site is correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in ~ the specifications. All Drawings and Specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted and construed by the Project Architect, and his decision shall be final and binding upon all parties, provided the OWNER agrees. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the OWNER or by any agent or representative as in compliance with the terms of this Contract and/or of the Drawings, Plans and Specifications covering said work shall not operate as a waiver by the OWNER of strict compliance with the tenors of this Contract and/or the Drawings and Specifications covering said work; and the OWNER may require the CONTRACTOR and/or his Surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and or acceptance of any such work or material, are found to be defective or to fail and in any way to comply with this Contract or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The CONTRACTOR shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the CONTRACTOR and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his Surety, who shall in any event be jointly and severally liable to the OWNER for all damages, Ioss and expense caused to the OWNER by reason of the CONTRACTOR'S breach of this Contract and/or his failure to comply strictly and in all things with this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 4) As-built drawings, warranties acceptable to OWNER must be submitted to the OWNER before final payment will be made to the CONTRACTOR. SECTION IV -AUTHORIZED REPRESENTATIVES 1) Before starting work, Contractor shall designate a competent, authorized representative acceptable to Owner to represent and act for Contractor and shall inform Owner in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for Contractor and shall specify any and all limitations of such authority. At the Pre-construction Conference, 2 Contractox shall provide resumes of key personnel for Owner's approval. Contractor shall keep Owner informed in writing pursuant to the notice requirements provided herein of any subsequent changes in the foregoing. Such representative shall be present ar duly represented at the site of work at all times when work is actually in progress. 2) From the time of execution of the Contract, the Owner shall have the right to remove the Contractor's representative from the project for inappropriate behavior including, but not limited to, lack of concern for residents, or acting in an unprofessional manner (i.e. argumentative with residents or Owner's representative and the use of foul language}. 3) All notices, detenminations, instructions and other communications given to the authorized repxesentatives of the Contractor shall be binding upon Contractor. Nothing contained herein shall be construed as modifying the Contractor's duty of supervision and fiscal management as provided for by Florida iaw. 4) The Owner shall designate a Project Manager who will have limited authority to act for the Owner. The Owner will notify the Contractor in writing of the name of such representative{s}. Any other City employees are not authorized Owner representatives and any work performed by the Contractor without proper written authorization from the Project Manager as approved by Owner, is performed at the Contractor's risk, and the City shall have no obligation to compensate the Contractor for such work. SECTION V -LAWS AND REGULATIONS 1) Contractor and its employees and representatives shall at ail times comply with all applicable laws, codes, ordinances, statutes, rules or regulations in effect at the time work is performed under this Contract. 2) If, during the term of this Contract, there are any changed or new laws, ordinances or regulations not known or foreseeable at the time of signing this Contract which become effective and which affect the cost or time of performance of the Contract, Contractor shall immediately notify Owner in writing and submit detailed documentation of such effect in terms of both time and cost of performing the Contract. Upon concurrence by Owner as to the effect of such changes, an adjustment in the compensation and/or time of performance will be made, if applicable. 3) If any discrepancy or inconsistency should be discovered between the Contract and any law, ordinance, regulation, order or decree, Contractor shall immediately report the same in writing to Owner who will issue such instructions as may be necessary. However, it shall not be grounds for a Change Order that the Contractor was unaware of or failed to investigate the rules, codes, regulations, statutes, and all ordinances of all applicable governmental agencies having jurisdiction over the Project or the work. SECTION VI -CODE RELATED INSPECTIONS 3 The Contractor recognizes that the City of Clermont is the governing jurisdiction charged with the inspection of improvements to real property for code compliance and the improvements to be made by the Contractor pursuant to this contract may be subject to inspection by City of Clermont or its agents. The Contractor agrees that it will not assert, as aCity-caused delay or as a defense of any delay on the part of the Contractor, any good faith action or series of actions on the part of the City or its agents with regard to inspections, including, but not limited to the refusal to accept any portion of the Contractor's work. SECTION VII - PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the Bid Documents and General Conditions, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: 1) CONTRACTOR shall submit a progress payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. Upon CONTRACTOR's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the Owner shall make a partial payment to the Contractor, within thirty (30) calendar days, on the basis of a duly certified and approved estimate by the OWNER and the Architect, for work perfomed during the preceding calendar month under the Contract. To insure proper performance of the Contract, the OWNER shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. 2) Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the OWNER, final payment on account of this Agreement shall be made within thirty (30) calendar days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the OWNER. SECTION VIII -ADDITIONAL BONDS It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bonds hereto attached for its faithful performance and payment of labor and materials, the OWNER shall deem the Surety or Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance and payments of the work, the CONTRACTOR shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER to do so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed due under this Agreement until such new or additional security for the faithful performance and for payment of labor and materials of the work shall be furnished in manner and form satisfactory to the OWNER. 4 SECTION IX - DISPUTE RESOLUTION -MEDIATION 1) Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2) The Owner and Contractor shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3) The parties shall shaze the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. SECTION X -INSURANCE AND INDEMNIFICATION RIDER ].) Worker's Compensation Insurance -The Contractor shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the tatter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the Owner, for the protection of emplayees not otherwise protected. 2) Contractor's Public Liability and Property Damage Insurance -The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) Contractor's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b} Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,0(}0,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 5 3) Subcontractor's Public Liability and Property Damage Insurance -The Contractor shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4} "XCU" Ex losion Colla se Under ound Dama a -The Contractor's Liability Policy shaiI provide "XCU" coverage for those classifications in which they are excluded. 5) Broad Form Pro ert Dama a Covers a Products & Com leted Operations Coverages -The Contractor's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverage. 6} Contractual Liability Work Contracts, -The Consactor's Liability Policy shall include Contractual Liability Coverage designed to protect the Contractor for contractual liabilities assumed by the Contractor in the performance of this Agreement. 7) Indemnification Rider (a) To cover to the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) ,and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone far whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Section. (b} In any and all claims against the Owner or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6 (c) The Contractor hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner for the indemn~cation provided herein. 8) Builder's Risk Coverase -The Contractor shall take out and maintain during the Iife of this Agreement a "Builder's Risk Policy" completed value form, issued to provide coverages on an "alI risk" basis including theft. This coverage shall not be lapsed or canceled because of partial occupancy by the Owner prior to final acceptance of the Project. The Owner may elect to take out and maintain this insurance coverage. Should the Owner purchase said insurance, the insurance policy shall have a deductible for each occurrence of $5,000.00. The Contractor shall be responsible for losses up to the amount of the deductible. SECTION XI -TAXES 1) Contractor shall pay all taxes, levies, duties and assessments of every nature that may be applicable to any work under this Contract. The Contract Sum and any agreed variations thereof shall include all taxes imposed by law. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds the Owner harmless from any liability on account of any and all such taxes, levies, duties, assessrnents and deductions. Such indemnification shall be in accordance with the terms and conditions of the Indemnification provisions provided herein. 2} Owner and Contractor hereby acknowledge that Owner is atax-exempt entity. Where applicable, and so directed by the Owner, the Owner reserves the right to implement, at its convenience, a tax exemption program to buy selected materials and place the tax savings in line item contingency. SECTION XII -SUCCESSORS, ASSIGNS AND ASSIGNMENT The Owner and the Contractor each bind itself, its officers, directors, qualifying agents, partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract. It is agreed that the Contractor shall not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the Owner and concurred to by the sureties. SECTION XIII -NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. 7 CONTRACTOR: PAQCO, INC. Attn: Fay Paquette 101 Weber Avenue Leesburg, FL 3474$ OWNER: City of Clermont Attn: City Manager 685 W. Montrose Street Clermont, FL 34711 SECTION XIV -OPTIONAL TERMINATION 1) Owner may, at its option, terminate the Contract, in whole or in part, at any time by written notice thereof to Contractor, whether or not Contractor is in default. Upon any such termination, Contractor hereby waives any claims for damages from the optional termination, including loss of anticipated profits, on account thereof, but as the sole right and remedy of Contractor, Owner shall pay Contractor in accordance with Subparagraphs below, provided, however, that those provisions of the Contract which by their very nature survive final acceptance under the Contract shall remain in full force and effect after such termination. 2) Upon receipt of any such notice, Contractor and its Surety shall, unless the notice requires otherwise: (a) Lmmediately discontinue work on the date and to the extent specified in the notice; (b) Place no further orders or subcontracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the Contract that is not terminated; (c) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to Owner of all orders and subcontracts to the extent they relate to the performance of work terminated or assign to Owner those orders and subcontracts and revoke agreements specified in such notice; (d) Assign all Subcontracts required for performance of this Contract to the Owner. In anticipation of such a remedy, the Contractor shall include in all Subcontracts, equipment leases and purchase order, a provision requiring the subcontractor, equipment lessor or supplier, to consent to the assignment of their Subcontract to the Owner and to agree to the greatest extent possible to cooperate with the Owner; (e} Assist Owner, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by Owner under the Contract; and (f) Complete performance of any work that is not terminated. 3) Upon any such termination, Owner will pay to Contractor an amount determined in accordance with the following (without duplication of any item): 8 (a) All amounts due and not previously paid to Contractor for work completed and accepted in accordance with the Contract prior to such notice, and for work thereafter completed as specked in such notice. (b) The reasonable cost of settling and paying claims arising out of the termination of work under subcontracts or orders as provided above. (c) The verifiable costs incurred as set forth above. (d) Any other reasonable costs which can be verified to be incidental to such termination. 4) The foregoing amounts will include a reasonable sum, under all of the circumstances, as profit for all work satisfactorily performed by Contractor. 5) Contractor shall submit within thirty (30} days after receipt of notice of termination, a proposal for an adjustment to the contract price including all incurred costs described herein. Owner shall review, analyze, and verify such proposal, and negotiate an equitable adjustment, and the Contract shall be amended in writing accordingly. SECTION XV -MISCELLANEOUS 1) Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, each party shall bear its own attorney fees. 2} Waiver. The waiver by Owner of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3) Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4) Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5) Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supezsedes all prior and contemporaneous agreements between the parties with respect to the performance of services by contractor. 6) Assignment. This agreement is personal to the parties hereto and may not be assigned by contractor, in whale or in part, without the prior written consent of city. s 7) Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. $) Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9) Records. Contractor expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. Contractor expressly agrees that it will comply with all requirements related to said law and that it will hold city harmless for any such disclosure related to Florida's Public Records Law. SECTION XVI -CONTRACT DOCUMENTS The Contract Documents, as stated in the Instructions to Bidders and herein made a part, are as fully a part of this Contract as if herein xepeated. Document Precedence: ~.) Contract Agreement 2.) Final Drawings and Plans Dated August 3, 2009 3.) All documents contained in Bid Clermont Historical Project and CONTRACTOR's response thereto including, the Instructions to Bidders and proposal guarantee, if any. 6.) Payment and Performance Bonds IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this~day of ~~E~ , 2009. City of St. Clermont ~~ Harold Turville, 3r.,1Vlayor ~ Attest• Tracy Ackr yd, City Cler Marbek Construction Co. 10 . G'~ If a corporation, affix corporate seal and have corporate secretary attest. i1 Attest: ~F~-t' 1~~vEC~~ (Name Printed or Typed} EXHIBIT "B" UNIT PRICE SCHEDULE Unit prices attached hereto shall be apart of the agreement. 13 R ~ ` PAQUETTE COMPANY 101 WEER AVENUE LEESBURG, FL 34746 PH. #(352) 365-Q006 / FX. #(352) 315-0500 ASPHALT PAVING PROPOSAL AND ACCEPTANCE FOR: Clermont Historical Project TQ: Mrs. Cheryl Parker City of Clermont PAQCO, Inc, proposes to furnish the following work, including all labor, materials and equipment -complete in accordance with the following: ITEM DESCRIPTION QUANTITY UNIT UNIT COST AMOUNT PARKING LOT IMPROVEMENTS 1 Remove existing concrete pavement 6,350 SF By others $0.00 2 Remove existing concrete curbs 215 LF By others $0.00 3 Remove existing pipe and structure 1 LS By others $0.00 4 Subgrading for new parking lot 675 SY $3.00 $2,025.00 5 I2" Stabilized Subbnse LBR 40 675 SY $3.00 $2,025.00 b b" Limerock base {Primed) 675 SY $6.25 $4,218.75 7 1" Type S-ITI asphalt 675 SY $7.75 $5,231.25 8 4" thick concrete sidewalk 775 SF $3.75 $2,90b.Z5 9 Concrete curb along retaining wall 40 LF $12.50 $500.00 10 Remove existing concete bumpers 1 LS $250.00 $250.00 it Install new signs and striping per plans 1 LS $500.00 $500.00 12 Mobilization /Supervision 1 LS $1,500.00 $1,500.00 PROPOSAL TOTAL: $19,156.25 ESTIMATE EXPIRATION: This proposal is valid for 60 days. Proposed by: PAQCO, Inc. line Fay J. Paquette -Vice President Date Accepted by: Date Memo To: Wayne Saunders, City Manager From: Tamara Richardson, PE, City Engin r CC: Date: August 3, 2009 Re: Historic Village Parking Lot Layout The Engineering Department designed parking lot and site modifications to the Historic Village property to accommodate the current and future uses. City Manager Saunders reviewed the proposed plan with the Historic Village Society. The attached plan shows the proposed modifications to the parking lot. The modifications include demolishing the existing concrete pavement, re-grading the parking lot, installing new drainage structures and piping and constructing a new asphalt parking lot with adjacent concrete sidewalks. The existing parking lot includes 19 spaces, plus one handicap space. The new parking lot includes 16 spaces, plus one handicap space as well as a perimeter sidewalk. We are request approval from the Council on the new layout for the Historic Village parking lot. T GTY OF CLERMONT COUNCILAGENDA 7:00 P, M., Tuesday, August 11, 2009 CALLTO ORDER INVOCATION & PLEDGE OF ALLEGIANCE PUBLIC COMMENTS REPORTS City Manager, City Attorney, Assistant Clty Manager, Council Members, Mayor CONSENT AGEN DA APPROVED Item No. i -Event Request Request closing a portion of Montrose Street from the Ftrst Baptist Church of Clermont Intersection of Sth street east to the north eastern corner ofthe church property (498 W. Montrose St.~ Item No. 2-Contract Approval Request approval of a contract between Lake County and the City for the sale of the sprayfield property located on Max Hooks Road Item No. 3-Agreement Approval Request approvai of an agreement with Fifth Third Bank Fifth Third Bank for banking services NEW BUSINESS item No. 4- Center Lake Approva! APPROVED Authorization to purchase a fountain and lighting for Center Lake item No. 5- Site Plan Approval Request approval of site plan for improvements to the Engineering Department APPROVED AS AMENDED parking lot at the Historical Village Item No. 6-Quote Approval Request approval of a quote from Paqco, loc. for Engineering Department APPROVED construction of the Historical Village parking lot Item No. 7 -Resolution 1622 APPROVED Allows for [ity to participate in negotiation of an Interlocal Service Boundary Agreement between Lake County, Town of Montverde, City of Mlnneola and Plne Island Community concerning an unincorporated area of real property and service delivery for that property Item No. 8 -Resolution 1614 Amend the City's budget for fiscal year 2008-2009 APPROVED AS AMENDED ADJOURN B:45PM Aay persoa wishing to appeal any decision mado by the City Coaadl" al this mectitg will need a record of the proeeed'engs For that purpose tuc4 person may need to rnsure Ihat a verbatim record of 14e proceedings is made. which record includes toe testimony and evidence upoq which the ^ppeal is based. 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