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<br />. <br />. <br />I Memorandum, Planning Case #97-06, Welsh Development Company, Progress Update <br />.- Page Three <br /> October 9, 1997 <br />. Friday, October 10, staff has no new information on the status of Naegele's acceptance of the <br /> agreement. Attorney Filla is in direct contact with the Naegele attorneys in Georgia trying to <br /> complete the deal. <br />I Naegele is required to provide its billboard tenants with a 30 - 60 day notice to remove the <br /> billboard structures and vacate the property. This notice has not been given. It is unclear as to <br />. how this will affect the necessary utility work in the area of the billboards. <br /> In regards to the Naegele title documentation, the City has not received this from Naegele. Mr. <br />. Brown has indicated he has found some information which appears to be updated only into the <br /> early 1970's. Mr. Filla is attempting to gain access to this information from Naegele attorneys. <br />. Again, to date, no success in obtaining this information. <br /> The City Council is also aware that the shift in the elevations and site plan changes caused the <br />. need for ponding/wetland mitigation on the Naegele property. Staff received the legal <br /> descriptions from our engineer on Thursday, October 9, which describes the area necessary to <br /> construct these ponds. As the Council can see, the pond/wetland significantly exceeds the <br />Ie boundaries of the NSP easement. Naegele is not awarc of the extent of property outside the <br /> easement necessary to construct the ponds, thereby allowing for the site plan changes previously <br /> approved. Staff has forwarded this information to Naegele and will now try to negotiate the <br />. acquisition of these items. The City Council will need to determine if this should be resolved <br /> prior to starting construction on the street and utilities. <br />I UtilitieslPlans <br /> The contractor, Lametti, has not yet seen the completed construction plans. The final plans <br /> obviously include some significant revisions based on the site plan changes. The City will need <br />. to undertake a Change Order immediately upon awarding the contract, and a second Change <br /> Order related to plan changes in the near future. <br />. The current transition in engineers between Howard R. GreenlMSA and BRW, Inc. has further <br /> complicated this issue. Howard R. GreenlMSA does not appear to be willing to certify the plans <br />. prior to the October 14, 1997 meeting. It may be the case that the City does not have certifiable <br /> plans until October 27,1997 or later. <br />. Staff met with Lametti on Friday to discuss the status oftheir bid. They indicated that they could <br /> not start utility work until the week of October 27, 1997. This would allow for two weeks of <br /> clearing and grubbing which needs to take place. Lametti has indicated it has no problem with <br />. adjusting the contract to allow for termination upon completion of the utility work, should the <br /> Welsh project fall apart. The City will need to obtain agreements from the property owners to <br />.. allow for construction to begin prior to closing. <br />. <br /> -------------- <br />