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Commissioner Backous noted there should be a paper trail if Mr. Deal owned this property and <br /> he could be asked to show that proof. Commissioner Backous stated his preference to consider <br /> "cooperation" rather than "leverage" to show the HRA realizes the need to provide an easement <br /> and is willing to resolve that issue and then ask Mr. Deal to cooperate by resolving the master <br /> declaration issues. <br /> Commissioner Wise noted if this was a private development, there would be no deal and you <br /> would have to pay for the 60 feet. He stated the HRA is offering a good faith effort to make it <br /> right and Mr. Deal should be required to show paperwork that he owned this property. <br /> Development Manager Lazan advised that this property was clearly foreclosed by the bank <br /> because Mr. Deal did not satisfy the mortgage. The HRA now has title of the property. He <br /> assured the HRA that the parking easement agreement is a very reasonable offer and in <br /> everyone's best interest to resolve the issue. Development Manager Lazan stated staff can <br /> indicate to Mr. Deal that the documents have been drafted but the HRA needs his cooperation on <br /> the master declaration issue. <br /> Commissioner Tossey stated he attended a meeting with Mr. Deal and when the mater <br /> declaration issue was brought up, Mr. Deal said he didn't want to discuss it, showing no urgency <br /> to get it resolved. Commissioner Tossey stated he would like to see the same urgency from Mr. <br /> Deal to resolve the declaration issue that the HRA has to resolve the easement issue. He stated it <br /> should not be forgotten that the HRA owns this property. <br /> Commissioner Ramsey stated the temporary easement is expiring on this property and asked if <br /> another temporary easement will be needed if the parking easement agreement is postponed. <br /> Development Manager Lazan indicated the temporary easement expires today. He noted that <br /> originally, Mr. Deal could not access his property but another access has now been created. <br /> Commissioner Ramsey asked who has liability of the property. <br /> City Administrator Ulrich stated there is currently a shared liability but if the easement expires, it <br /> becomes a public parking lot so the City would bear a greater portion of liability. <br /> Chairperson Elvig noted that Mr. Deal has not promised anything that he has not followed <br /> through with. He stated he does not want to damage the good relationship that has been fostered <br /> but understands the master declaration needs to be resolved. <br /> Commissioner Wise suggested approaching Mr. Deal to give the City a timeline on when he can <br /> resolve the master declaration. <br /> Development Manager Lazan suggested approving the parking easement and asking Mr. Deal for <br /> a timeline when he will resolve the master declaration issue. <br /> Commissioner Wise stated that option may ease tension between the City and Mr. Deal. <br /> Housing and Redevelopment Authority / November 15, 2011 <br /> Page3of6 <br />