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Commissioner Backous noted there should be a paper trail if Mr. Deal owned this property and he could be asked to show that proof. Commissioner Backous stated his preference to consider "cooperation" rather than "leverage" to show the HRA realizes the need to provide an easement and is willing to resolve that issue and then ask Mr. Deal to cooperate by resolving the master declaration issues. Commissioner Wise noted if this was a private development, there would be no deal and you would have to pay for the 60 feet. He stated the HRA is offering a good faith effort to make it right and Mr. Deal should be required to show paperwork that he owned this property. Development Manager Lazan advised that this property was clearly foreclosed by the bank because Mr. Deal did not satisfy the mortgage. The HRA now has title of the property. He assured the HRA that the parking easement agreement is a very reasonable offer and in everyone's best interest to resolve the issue. Development Manager Lazan stated staff can indicate to Mr. Deal that the documents have been drafted but the HRA needs his cooperation on the master declaration issue. Commissioner Tossey stated he attended a meeting with Mr. Deal and when the mater declaration issue was brought up, Mr. Deal said he didn't want to discuss it, showing no urgency to get it resolved. Commissioner Tossey stated he would like to see the same urgency from Mr. Deal to resolve the declaration issue that the HRA has to resolve the easement issue. He stated it should not be forgotten that the HRA owns this property. Commissioner Ramsey stated the temporary easement is expiring on this property and asked if another temporary easement will be needed if the parking easement agreement is postponed. Development Manager Lazan indicated the temporary easement expires today. He noted that originally, Mr. Deal could not access his property but another access has now been created. Commissioner Ramsey asked who has liability of the property. City Administrator Ulrich stated there is currently a shared liability but if the easement expires, it becomes a public parking lot so the City would bear a greater portion of liability. Chairperson Elvig noted that Mr. Deal has not promised anything that he has not followed through with. He stated he does not want to damage the good relationship that has been fostered but understands the master declaration needs to be resolved. Commissioner Wise suggested approaching Mr. Deal to give the City a timeline on when he can resolve the master declaration. Development Manager Lazan suggested approving the parking easement and asking Mr. Deal for a timeline when he will resolve the master declaration issue. Commissioner Wise stated that option may ease tension between the City and Mr. Deal. Housing and Redevelopment Authority / November 15, 2011 Page 3 of 6