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City of Centerville <br />Council Meeting Minutes <br />February 28, 2007 <br /> <br />City Attorney Glaser stated a proof of title would be submitted by the developer. The <br />CUP is broken out as part of the contract to be obeyed by developer. He stated the <br />developer would reimburse the City for Engineer and Attorney fees associated with the <br />agreement. <br /> <br />Mayor Capra asked about the CUP as it related to the expiration under Item I. She <br />pointed out that the developer had two years to complete the work, but the CUP must be <br />reviewed annually. <br /> <br />City Attorney Glaser stated these are mutually exclusive; if at the year point, certain <br />items in the CUP would not apply. <br /> <br />City Attorney Glaser informed the Council that open items include symantec issues of the <br />language to enforce the CUP as the way it reads because it implies that when an <br />occupancy permit is issued, the City is initially saying that whatever use the building had <br />at that point satisfied the CUP; this language needed to be changed. He advised that new <br />language was added to the agreement in that whatever is left over from the initial Phase I <br />agreement must be incorporated by reference to satisfy any left over requirements. City <br />Attorney Glaser stated that the easement to the pond was given to the City. He indicated <br />he would review these items more closely. <br /> <br />Councilmember Broussard asked if all the dollar amounts were forthcoming. <br /> <br />City Engineer Statz replied he would be reviewing them. <br /> <br />City Administrator Larson reported the letter of credit would be between $200,000 and <br />$250,000. <br /> <br />Mayor Capra stated she would not support a change to the CUP. <br /> <br />City Attorney Glaser replied she should not in order to protect the City. He stated the <br />developer’s agreement is much more detailed so as to hold the developer’s “feet to the <br />fire.” <br /> <br />Motion by Council Member Broussard, seconded by Council Member Paar, to <br />approve the Development Subdivision Agreement and Final Plat subject to the City <br />Attorney’s final review. All in favor. Motion carried unanimously. <br /> <br />3. Approve Extension of the Pre-Development Agreement Downtown <br />Redevelopment with Beard Group. <br /> <br />City Attorney Glaser stated he met with the Beard Group, Mr. Deike and Finance <br />Director Meyer. He reported the pre-development agreement has expired but things <br />could be done to get the project started, such as letting the Beard Group talk to the <br />landowners. He proposed that if Council would extend the pre-development agreement <br />Page 5 of 9 <br />