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- q <br />I!MMS� �EW4 <br />IT: <br />WMEQUEST FOR COMMIL, ACTION DATEO. 12/7/89 <br />III! 11111�1� <br />Reports and Recommendat C. <br />Item, Debcriptlon. Approval of proposed developer"s agreement between <br />the city and Lincoln Development for construction, <br />Terrace Drive <br />Attached is a proposed, agreement submitted by Lincoln Development s <br />attorney for cons iderat ion, by the city council. The agreement covers <br />a' in <br />the terms and, conditions of construct, ion conveyance, and future <br />ownership and maintenance of Terrace Drive from Lincoln Drive to a point <br />approximately 200 feet westerly. <br />The development agreement has been reviewed by the city attorney. At <br />N <br />Attorney Jen,sein's, suggestion, a clause has been added which deals with <br />the competitive bid law. Originally, the, staff had a concern whether <br />the Process proposed, by the developer violated the competitive bid law. <br />The attorney has reviewed thl*s matter, and has added a "hold harmless" <br />,clause, to cover t,Wil's issue. <br />Oi <br />We now believe. the devielopment agreement is acceptable and should be <br />I t 0 <br />apprilovied, by the city council. As a, cond,i ion of approval, the city <br />needs to receive three items prior to making payment to the developer <br />for the roadway costs. These items, "include: <br />1i <br />Final as-bu i1t construct 'ion plans <br />01 <br />2* Certificati= from, project engineer, regarding project acceptance <br />a <br />3,., Receipt of ice,rtiefi,ed, petition from developer agreeing to pay 100% <br />0 <br />of the costs for the pro3 ect. <br />