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04-12-21-R
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04-12-21-R
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4/8/2021 2:52:22 PM
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<br />Page 2 of 2 <br /> <br />completed as scheduled, the Developer is looking for assurance the traffic signal will be installed <br />and operational by the time the grocery store is scheduled to open (October, 2022). In order to do <br />this, the developer is requesting the City enter into a Development Agreement with them that <br />would allow the developer to install a temporary signal, at the developers’ cost, if the County <br />fails to award a contract for the construction of the project by February 1, 2022. The County does <br />not enter into development agreements with private developers, so they have requested the City <br />enter into a Memorandum of Understanding (MOU) with the County. The MOU allows the City <br />to authorize the developer to complete the improvements. <br /> <br />The development agreement and MOU are intended to provide some assurances to the developer <br />that certain improvements, especially a traffic signal will be installed. The developer will be <br />responsible for all costs associated with this work, including permits, design and construction. <br />We are bringing this item forward before the PUD/Site Plan Review because the developer needs <br />the agreements in place before May 3, 2021. If the City Council approves these agreements, we <br />will forward the MOU to the County for action. <br /> <br />Options and Motion Language <br /> <br />Staff has provided the following motion language for this case. <br /> <br />1. Recommend Approval: Motion to approve a Development Agreement with Kensington <br />Development to allow the developer to construct improvements on Lexington Avenue in the <br />event certain milestones are not met and to approve a Memorandum of Understanding with <br />Ramsey County to allow Kensington Development to construct improvements on Lexington <br />Avenue in the event certain milestones are not met. <br /> <br />2. Recommend Denial: Motion to deny a Development Agreement with Kensington <br />Development to allow the developer to construct improvements on Lexington Avenue in the <br />event certain milestones are not met and to approve a Memorandum of Understanding with <br />Ramsey County to allow Kensington Development to construct improvements on Lexington <br />Avenue in the event certain milestones are not met. <br /> <br />3. Table: Motion to table a Development Agreement with Kensington Development to allow the <br />developer to construct improvements on Lexington Avenue in the event certain milestones <br />are not met and to approve a Memorandum of Understanding with Ramsey County to allow <br />Kensington Development to construct improvements on Lexington Avenue in the event <br />certain milestones are not met. <br /> <br />Budget Impact <br /> <br />NA <br /> <br />Attachments <br /> <br />A. Location Map <br />B. Development Agreement <br />C. Memorandum of Understanding
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