Agenda - Council - 11/12/2013 - Laserfiche WebLink

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CC Regular Session Meeting Date: 11/12/2013 By: Tim Gladhill, Community Development Information Title Approve Amended Development Permit With McDonald's USA, LLC for Lot 2, Block 1, COR TWO 7. 5. Purpose/Background: McDonald's USA, LLC has requested several revisions to their Development Permit. The Development Permit was previously amended by City Council action on August 27, 2013 to align to required completion date of all required improvements with the date within the Real Estate Agreement (REA) with the City's Housing and Redevelopment Authority (HRA). Presently, they are requesting several minor revisions to better clarify responsibility for certain required improvements. Specifically, to amend paragraph 7 to clarify that the Permittee is only required to construct the private Required Improvements and not for the Stage I and Stage II Improvements associated with the COR TWO plat. Also, to amend Paragraph 12 to clarify that the HRA has already secured the Lower Rum River Watershed Management Organization (LRRWMO) permit. Also, to amend paragraph 22 to state that the Stage I and Stage II Improvements for the COR TWO plat have now been completed by the City's HRA and to amend paragraph 23 to state that an agreement is being prepared to outline maintenance responsibilities for the shared utilities across Lots 1-3 Block 1 COR TWO and that said agreement shall be recorded as part of the real estate transaction between the Permittee and the HRA prior to construction. McDonald's USA, LLC has also requested clarifying language as it relates to the Inspection Fees referenced in paragraph 10 and the Maintenance Guarantee for Landscaping referenced in paragraph 13. They would prefer specific language setting forth a mechanism of how and when those funds are to be escrowed. Staff is working with McDonald's USA, LLC to develop language acceptable to both parties. Staff intends to provide an update to the City Council with regard to the proposed language at the City Council meeting. Funding Source: All costs associated with this request are the responsibility of the Applicant. Recommendation: Staff recommends approving the Amended Development Permit. Action: Motion to approve the Amended Development Permit. Attachments Site Location Map Amended Development Permit Exhibit A (Referenced in Amended Development Permit) Form Review Inbox Reviewed By Date Tim Gladhill (Originator) Tim Gladhill 11/07/2013 12:36 PM Kurt Ulrich Kurt Ulrich 11/07/2013 04:38 PM Form Started By: Tim Gladhill Started On: 11/06/2013 11:37 AM