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Page 2 of 2 <br /> <br />original developer default, and it is not unusual for larger, multi-phased projects. One of the <br />advantages of the agreement is it offers additional certainty of process upon default, and includes <br />the financier in the team of people involved in completion of the contract as guarantor or <br />watchdog. Disadvantages may include it adds another player for staff to potentially have to <br />inform or deal with, the lack of previous contact or knowledge of the financier may pose <br />challenges, and the unknown expertise of the financier in operational development matters, and <br />remote location may complicate matters. <br /> <br />With that in mind, the City Attorney does not have any concerns with Council signing the <br />agreement as drafted, primarily because the project is not a multi-phased project and includes the <br />construction of a single building. <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 the Consent and Recognition Agreement for <br />Scannell Properties based on the City Council approval of Planning Case 20-010 on October <br />12, 2020. <br /> <br />2. Recommend Denial: Motion to deny the Consent and Recognition Agreement for Scannell <br />Properties based on the City Council approval of Planning Case 20-010 on October 12, 2020. <br />The City Council should identify findings to deny should specifically reference the reasons <br />for denial and why those reasons cannot be mitigated. <br /> <br />3. Table: Motion to table the Consent and Recognition Agreement for Scannell Properties based <br />on the City Council approval of Planning Case 20-010 on October 12, 2020. <br /> <br />Budget Impact <br /> <br />NA <br /> <br />Attachments <br /> <br />A. Location Map <br />B. Master Planned Unit Development Agreement <br />C. Consent and Recognition Agreement <br /> <br /> <br />