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4. COMMUNICATIONS <br />a. Letter <br />dated February 1, 1977, signed by E. J. Sowala, Superinten- <br />COLIP CORP. <br />dent, <br />Colip Electric Corporation, re Plaza Park Fixture Damage which <br />LETTER RE <br />occurred <br />during the week of J01Y 26, 1976. Mr. Brownell read this <br />PLAZA PARK <br />letter <br />regarding their claim for repair of damaged light fixtures <br />FIXTURE <br />in Plaza <br />Park, in the amount of $262.10. <br />DAMAGE <br />Mr. <br />rownell: The way we understand it, this damage occurred on <br />July <br />26, 1976 and, obviously, we would not._have paid them the contract <br />priCE <br />if they had not been replaced and fixed. We paid them on <br />September <br />26, 1976 as we felt that this was damage that was done <br />duri <br />g the time the contractor was doing his work, that there was <br />no claim <br />for additional money against us; so we paid him the contract <br />price. <br />I talked to Mr. Butler this morning about this and he sug- <br />gest <br />d we might write them a letter along these lines and get their <br />repl. <br />. <br />Mr. Robinson <br />moved that C. Wayne Brownell be instructed to write a <br />letter <br />in line with the opinion of our attorney to deal with this <br />matter. <br />Motion was seconded by Mr. Donaldson, and carried. <br />b. HUD Regional <br />Office letter of January 26, 1977, signed by Thomas P. <br />HUD LETTER <br />O'Malley, <br />Attorney re Elderly Hi -Rise, FHA Project No. <br />RE ELDERLY <br />073-1 <br />5217, South Bend, Indiana. Mr. Brownell read Mr. O'Malley's <br />HI- RISE,- <br />lett <br />r in its entirety. <br />FHA PROJECT <br />073 -35217 <br />Mr. Brownell: This is in reference to the twelve story elderly <br />housing building they plan to put on Block 6. Since I have re- <br />ceiv d this letter, I have also received another letter from the <br />same man, with a different set of suggestions. It is a short let- <br />ter caying that we would have to amend the following phrase in <br />our ontract for disposition: <br />rovided, that if a mortgage securing money loaned to finance <br />t e Improvements, or any part thereof, is insured by the Secre- <br />t ry of Housing and Urban Development, then the aforesaid com- <br />p etion time shall not apply, but instead the construction of <br />t e Improvements, or any part thereof, shall be completed with - <br />i the time specified in the applicable Building Loan Agreement <br />a proved by the Secretary of Housinq and Urban Development." <br />This letter also provides an assignment and an assignment acceptance <br />as w ll as a consent to an approval of,the consignment of the con- <br />traci by this department. I have talked to Mr. Butler about this <br />matt Er this morning and he suggests that we take no action at this <br />momer t. <br />Mr. E <br />taki i <br />the c <br />tion <br />utler: Until we talk to Mr. O'.Malley, the action that we were <br />g under item 6(b) here was (approval of) a resolution authorizing <br />eed of the property to St. Joseph River Bend Development Corpora - <br />which conflicts with the O'Malley request. <br />-3- <br />