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Page 2 of 2 <br /> <br />ownership by individual businesses with some joint agreements for common area access, <br />maintenance, etc. The City has previously seen this type of request with Walgreens, Frattalone’s <br />and Tavern development projects and this request continues that trend. City Staff and the City <br />Attorney have reviewed the draft assignment and do not believe it assigns away or releases the <br />seller from its continued joint obligations for shared requirements, most notably the stormwater <br />pond in the SE corner of the development, but inevitably these types of assignment/release <br />documents result in a more fragmented management situation for those common areas or <br />improvements. <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 Assignment and Assumption of Development <br />Agreement for JAB Real Estate, LLC based on the City Council approval of Planning Case <br />21-014 on June 28, 2021. <br /> <br />2. Recommend Denial: Motion to deny the Assignment and Assumption of Development <br />Agreement for JAB Real Estate, LLC based on the City Council approval of Planning Case <br />21-014 on June 28, 2021. The City Council should identify findings to deny should <br />specifically reference the reasons for denial and why those reasons cannot be mitigated. <br /> <br />3. Table: Motion to table the Assignment and Assumption of Development Agreement for JAB <br />Real Estate, LLC based on the City Council approval of Planning Case 21-014 on June 28, <br />2021. <br /> <br />Budget Impact <br /> <br />NA <br /> <br />Attachments <br />A. Assignment and Assumption of Development Agreement <br /> <br /> <br />