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Memorandum to [Click here and type addressee name] <br />July 5, 2012 <br />Page 2 <br />RESPONSE <br />The short response to the issue is no. The fact that the Project is a CITY project as opposed to an <br />HRA project compels this response. <br />The Landform Contract creates no contractual relationship between the CITY and Landform. The <br />CITY is therefore free to contract with whomever it chooses for its various construction services <br />required for the Project including construction staking. <br />Notwithstanding the above, please note this response only interprets the legal obligation of the parties <br />to the Landform Contract, who are the HRA and Landform and NOT the CITY. However, as stated <br />above, this does not preclude the CITY from separately contracting with any vendor it chooses <br />including Landform for services required for the Project. <br />I trust the above adequately responds to this issue raised at the Council's June 26 meeting. <br />• Page 2 <br />