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REQUEST FOR COUNCIL ACTION DATE: 12/7/89 <br />0 <br />Miartment Apiial, Manager Rev iewed, <br />ITEM N01 <br />Reports and Recommendatio.-#Lti,, <br />Item Ddscriptilon,4*9 Approval of proposed developer's agreement between <br />the city and Lincoln Development for construction, <br />Terrace, Dr ive <br />Attached is a proposed agreement submitted by Lincoln Development"s <br />attorney for cons, J-derat ion by the c ity counc ill. The agreement covers <br />the terms and conons of construction,, conveyance, and future <br />ownership and maintenance of Terrace Drive from Lincoln Drive to a point <br />approximately 200 feet westerly. <br />y - <br />The, development agre e <br />ement, has been reviwed by the city a A+ <br />ttorne 11, Arx %W <br />Attorney Jensen's suggestion, a clause has been added which deals with <br />the competitive bid law. Ornally,, the, staff had ' a concern whether <br />the, process proposed by the developer violated the competitive bid law, <br />The, attorney has reviewed this matter and, has added a "hold harmless" <br />Yl lip <br />clause to cover this, issue* <br />'we now believe the, development agreement is acceptable and should be <br />approved by, the, city council. As a, conon of approval, the city <br />I t,ol receive, three items prior to making payment to the developer <br />for the, roadway, costs, These items, 'include: <br />Final as,-bu,il,t construction plans <br />2 Certif ication, f riom prio3 ect engineer regarding pro] ect acceptance <br />11 ft 41 - <br />30 Receipt of certified petition from developer agreeing to pay 100% <br />of the costs for the pro3ect. <br />