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0 ri • 6) The project has been proposed as market rate housing for the elderly without benefit of subsidy and the city shall not be obligated to hear or approve any petition on behalf of the owner or developer requesting financing or rent subsidies from Local, State or Federal agencies or units of government. 7) These covenant and recitals shall remain in effect in the event of destruction of the original structure and shall prevail to a rebuilt or repaired facility in whole or in part. Such repair or restoration shall proceed on a timely basis on the part of the owner to be accompanied with plans and specifications subject to approval by the appropriate City staff. If the repair or restoration cannot be completed within one year from date of damage, the building or its remains shall be raised at the expense of the owner, and the land shall revert to the City to be used as park land and open space. 8) These covenants and recitals shall remain in effect in perpetuity and shall be binding upon the owner, its successors or assigns. -If you have authority to change zoning, it follows you also have the ,authority to attach certain conditions to insure the project is, and ...will remain, as proposed fdr its intended purpose. While the council does not owil the land and therefore cannot attach the title, you can attach condition- as a part of the resolution approving the,zoning. The resolution offered at the April 9, 1984 meeting to alter the structure has merit and if accomplished could be an accepted compromise. However, the Planning Commission instructed both parties at its March 1984 meeting to work together and present in April any or all workable alternatives: At the April Planning Commission meeting the same plan returned and ultimately to the Council on April 9 for 130 units, etc. The proposed was to stand on its merits as presented by both sides. The time for change had passed. I feel quite strongly that it was particularly unfair to the proposer who could not possibly make a qualified judgement regarding cost escalation or economic feasability at that juncture and he had no chance but to agree and was in effect offered up for sacrifice. In any event, I remain opposed based on the issues I have publicly stated. Thank you for your kind attention and I trust you will take my suggestions and request in the spirit of cooperation and give them due consideration. cc: City Manager (2) Members, Planning M. L. Mueller (1) Commission (7) V/1 _ V