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City of Centerville <br />Council Meeting Minutes <br />February 28, 2007 <br />Councilmember Broussard asked what would be changed. <br /> <br />City Attorney Glaser took the Developers Agreement section by section and explained <br />the changes made. He stated plan approvals would be subject to the City Engineer’s <br />review at all times and he would make the final approval. Mr. Glaser said the developer <br />is held responsible for all applicable laws and regulations of the City and County. He <br />stated there is a mechanism in place to ensure all items are completed. He stated the City <br />Engineer could access the developer’s property and conduct inspections at any time. City <br />Attorney Glaser indicated the developer is not responsible for building a trail; however, it <br />would give the City an easement for the trail and a utility easement. He mentioned the <br />City would not accept the developer’s improvements on private property for water, <br />sewer, or ponding, but if the landowner did not clean ponds the City could assess the <br />landowner. <br /> <br />Mayor Capra asked about the date the project is to be completed. <br /> <br />City Administrator Larson replied the pavement wear course would not be built on the <br />parking lot until summer of 2008. He stated the developer needed the rest of the <br />construction year to complete everything. <br /> <br />City Engineer Statz indicated the agreement could state a substantial completion by “X” <br />date and final completion by 2008 <br /> <br />Mayor Capra stated the CUP is an annual permit and would expire at the end of the year, <br />if it were not used. She asked if this would impact the developer’s agreement. She also <br />asked if the project is delayed, could the City decide not to approve the CUP. <br /> <br />City Attorney Glaser replied one of the conditions is the developer agreement would have <br />to come back for another CUP. <br /> <br />City Attorney Glaser continued explaining the items in the agreement. He stated a letter <br />of credit overall would meld the first developer’s agreement into the current agreement <br />with the letter of credit so multiple letters of credit are not needed. He stated in the case <br />of a default, the City must give the developer time to make remedies. He explained that <br />whatever fees needed to be paid, the developer would be responsible for paying them. <br />He stated a site erosion plan is in place to keep the property clean and enforced. He stated <br />the park dedication fee credit has been worked out. <br /> <br />Mayor Capra stressed she would like the site erosion cleanup plan strictly enforced. <br /> <br />City Attorney Glaser replied there is a daily cleanup requirement. <br /> <br />Councilmember Broussard stated the insurance statements need to be increased to at least <br />$1 million. She indicated that from a City perspective, $1 to $2 million per person per <br />occurrence was the norm. She said she would also like to see the developer’s work <br />comps. <br />Page 4 of 9 <br />