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Assistant Community Development Director Trudgeon stated they referenced the Master <br />Development Agreement which was corrected earlier by the City Attorney. <br /> <br />City Attorney Goodrich stated there may be a little negotiation on this. However, the developer <br />at this point, does not own the land and Lot 1, Block 1, is not a parcel of record. He stated that in <br />order to get a building permit, the plat needs to be of record, they need ownership of that five <br />acres, and all of the metes and bounds tracts. <br /> <br />Councilmember Cook asked if there is still room for negotiation if the Council were to consider <br />approval tonight. <br /> <br />Assistant Community Development Director Trudgeon stated he is open to listen to the <br />developer's comments but there would not be much room for change because the numbers are <br />what they are. <br /> <br />City Attorney Goodrich noted that the secondary developers will be subdividers but, in this case, <br />it is almost a site plan agreement. <br /> <br />Councihnember Elvig agreed they are the end use in this case. <br /> <br />Mr. Engen stated the City Attorney's caution is welcomed. He stated as master developer, the <br />most important document they have to market the Town Center is a well-drafted Secondary <br />Development Agreement so they would strongly urge the City to approve contingent upon <br />execution of a successful Secondary Development Agreement. He stated they would like to <br />augment that agreement, which they just saw tonight. Mr. Engen advised that the Charter School <br />and Academic Investments have a huge construction constraint and want to start construction by <br />October 18, 2003, so they couldn't agree to a contingency of site plan on the issue of joint use of <br />parklands but will further discuss that issue. <br /> <br />Assistant Community Development Director Trudgeon stated if the Council wants to defer action <br />on the developer agreement, he would recommend it be brought back at a later date. He stated <br />that given the time constraints, staff was not able to "flesh it out" as much as he would have liked <br />but believes that it does address the issues of the Charter School. <br /> <br />City Attorney Goodrich stated this is not "the" secondary development agreement, it was drafted <br />for the PACT School. He noted the recommended motion is contingent upon the applicant <br />entering into a development agreement with the City. <br /> <br />Councilmember Cook asked if that will impact the applicant's desire to start grading. <br /> <br />Assistant Community Development Director Trudgeon stated it should have no impact but prior <br />to construction all of these issues will need to be addressed. <br /> <br />City Attorney Goodrich stated it will be back at the October 14, 2003 Council meeting. <br /> <br />City Council/September 23, 2003 <br /> Page 31 of 41 <br /> <br /> <br />