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REQUEST FOR COUNCIL ACTION DATE: 12/7/89 <br />le :16r.11 Manager Reviewedi <br />FAOM <br />0 <br />ITEM NO, a tAM <br />*I <br />Reports and Recommendation:,,i <br />Item Didscription: Approval of proposed developer's agreement between <br />the ciity and Lincoln Development for constructionif, <br />Terrace, Drive - <br />i <br />Attached is a proposed agreement submitted by Lincoln Development's <br />,attorney for cons ider,at ion by the city council. The agreement covers <br />the tierms, and conditi'Lons of construct ion, conveyance, and future <br />ownerishiLp and, maintenance of Terrace Dirive from Llencoln Drive to a point <br />approximately, 200 feet westerly., <br />The development agreement has been reviewed by the city attorney, At <br />Atitiornely JienseWs sug'gestion, a clause has been added which deals with <br />a 0 V <br />the compet 'nit live bid law. Originally, the, staff had a concern whether <br />6i <br />the,, p,roicessi proposed by the developer, vi,lolated the competitive bid law. <br />'The attorney, has reviewed thi's matter and has added • "hold harmless" <br /># 41 <br />clausile to coveiir this issue. <br />We now believe, the development agreement is acceptable and should be <br />approved, by the city council,. As a condition of approval, the city <br />11 <br />needs to receive three items prior to making payment to the developer <br />for the roadway c,iosts,. 'These items, "include: <br />in <br />1. al as-built, construction plains <br />2. Certification from piro3ect engineer regarding pro3ect acceptance <br />4 <br />3. Recel pt of cert 'if "led, petit -ion f rolm, developer agreeing to pay loo <br />of' o for, the project. <br />