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. ~ Mr. Dennis Welsch Centre Pointe Business Park Proposed P1anDed Unit Development Agreement April 30. 1997 1) (remains the same in its entirety) 2) (remains the same in its entirety) 3) (remains the same in its entirety) 4) We recommend this item be eliminated. Items 1 - 3 were approved by the City Council. There is no part of this agreement that precludes the City trom accomplishing,part or all of the BRW recommendations at a future date. Paragraph 39 We believe paragraph 39 should be eliminated trom the agreement. The landscaping, lighting, and related plans have been approved as part of the City approval for the Planned Unit Development. We understand this issue was raised at the April 11. City Council meeting. Given, however, the affirmative action taken by the City Council, we are not clear what role the advisory task force would have in future development of Centre Pointe Business Park. Paragraph 40 To be consistent with previous language, we suggest this paragraph be revised as follows: Office, office/showroom. manufacturing and research and development buil~ may have integralfmterior deli's and/or cafeterias to serve primarily occupants the eftiee ti8ef8 in one or a series of buildings. Item 8. "Developer's Default" The language regarding "Developer" and "default" is too vague. While we do not offer specific language, we believe this section should be based on the concept of each developer (Ryan and CSM) being held accountable for meeting and fulfilling on City regulations, and that any remedy the City wishes to exercise is done on a developer-by-developer basis associated with specific and individual parcels. We would like an opportunity to discuss this further with you, and to draft specific language. Signature block (page 10) Ryan should be referred to as: Ryan Companies US. Inc. strike Ry&ft Companies, US;,.. I look forward to your response regarding these suggested changes. Please contact me once you have had an opportunity to review this letter. 5