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AGENDA ITEM MEMORANDUM DATE: August 12, 2013 TO:Honorable Mayor and City Council Members FROM: Patrick Klaers, City Administrator SUBJECT: e street flats Background/Discussion The e street flats redevelopment project continues to make progress and move forward. Staff met with the project developers Rob Davidson and Stuart Nolan on Monday, August 5, 2013, to discuss the overall project status. The main discussion item was related to the City issuing a Temporary Certificate of Occupancy (CO) so the tenants can move in prior to the start of school in later August. Attached is a letter from Mr. Davidson which outlines the current status of the project and his request for a certificate of occupancy. At the meeting on Monday with the Developers, our position was that staff could not approve occupancy without all of the Developer Agreement requirements being met which included landscaping and the final lift of blacktop. (Building Official Dave Scherbel is on PTO this week and was not available for this meeting.) After this Monday meeting, I have had an opportunity to review the situation and issues further with staff, the City Attorney, and the Mayor, and I believe that an agreement can be reached that will address the concerns of both parties. It should be noted that per the 2006 certificate of occupancy before the completion of the entire work covered by the permit, provided that such po Staff recommendation is: The Building Official can issue s provided that all health and safety concerns are addressed and that no additional permits are issued until 100% of the Developer Agreement requirements are completed; and ll past due land use and legal bills for this development project are paid in full and an escrow deposit for future City