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City of Centerville <br />Council Meeting Minutes <br />August 28, 2019 <br /> <br /> <br />Motion by Council Member Koski, seconded by Council Member Lakso to Adopt the <br />Centennial Fire District Proposed 2020 Budget as Presented. All in favor. Motion carried. <br /> <br />2. Bayview Villas <br /> <br />City Attorney Glaser stated that the developer has requested the City’s assistance in closing on the <br />property. He stated that the existing lien would be paid off at time of closing but the paperwork <br />takes several weeks to months to be removed. He stated that most lenders and the County require <br />that there is a clean title. He stated that the developer has agreed to provide title insurance in the <br />amount of the lien that would protect the majority of the City’s interest. He also stated that winter <br />is pending and the developer desires to finish constructing the roadway and constructing <br />foundations before frost. <br /> <br />Council Member Lakso questioned why this was just brought forward and did anyone disclose the <br />lien prior to this point in the process. City Attorney Glaser stated that staff was aware that there <br />was a lien on the property but it was anticipated that it would have been taken care of by now. <br /> <br />Council Member Love questioned who the developer was and Attorney Glaser stated that it was <br />Rich DeFoe, Bayview Villas, LLC. Attorney Glaser stated that TJB was the builder who has left <br />the project. City Administrator Statz stated that Bayview Villas, LLC has hired two builders for <br />the development. Council Member Love questioned whether the builders have appeared before <br />staff. City Administrator Statz stated that we rarely have contractual agreements with builders. <br />He also stated that he has had a real estate agent assisting him with the development. <br /> <br />Council Member Koski questioned whether any other liens have been placed on the land and what <br />would be the City’s financial risks. City Attorney stated that the City would not be out anything. <br />He also stated that Bayview Villas, LLC is paying fees associated with his fees and the engineering <br />fees which would also be covered by the title insurance. Council Member Koski questioned if <br />some went wrong with the title insurance. Attorney Glaser stated that the Department of <br />Commerce would stand behind the title insurance. Council Member Koski questioned potential <br />for out of pocket costs. Attorney Glaser stated that he felt it was zero and stated that it is why you <br />purchase title insurance. <br /> <br />Council Member Lakso questioned when the title insurance would become effective. Attorney <br />Glaser stated when the plat is filed. <br /> <br />Mayor Paar had nothing to add and is looking forward to the development. <br /> <br />Motion by Council Member Koski, seconded by Council Member Love to Authorizing the <br />City Administrator to: Accept a Title Insurance Policy over the Public and Common <br />Elements of the Bayview Villas Plat and at the City Administrator’s Discretion, Record the <br />Plat for Bayview Villas and Land Use Documents Subject to the Existing Liens Encumbering <br />the Parcel. All in favor. Motion carried. <br /> <br />IX. NEW BUSINESS <br /> <br />Page 4 of 8 <br /> <br /> <br />