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CASE <br /> <br /> AMENDMENT OF DEVELOPMENT AGREEMENT <br /> FOR <br />EVERGREEN POINT TOWNHOMES SECOND ADDITION <br /> <br /> By: William K. Goodrich, City Attorney <br />Brian E. Olson, Assistant Director of Public Works/ <br />Principal City Engineer <br /> <br />Background: <br /> <br />An issue has arisen regarding Evergreen Point Townhomes Section Addition ("Evergreen"). The <br />Development Agreement for this plat requires the Developer to construct a temporary cul-de-sac at <br />the westerly terminus of 154th Lane within the ?lat pending installation of 154th Lane within the <br />adjacent Sunflower Ridge Plat. The Developer of Evergreen has commenced construction of <br />townhomes within an area of Evergreen, that precludes the proper construction and placement of the <br />temporary cul,de-sac. The City has placed a stop order on further construction of the Townhomes <br />at this location pending resolution of the issue. Staff is proposing to amend the Evergreen <br />Development Agreement to permit the Evergreen Developer to construct a Class V 16' wide street <br />on the 154th Lane right-of-way within Sunflower Ridge to the west of Evergreen. The enclosed <br />propose agreement contains the details of this proposal. As of this writing, the proposal is <br />acceptable to the Evergreen Developer. Staff is contacting the other parties to solicit their approval. <br /> <br />Enclosure: <br /> <br />Proposed Agreement <br /> <br />Recommendation: <br /> <br />Authorize entering into the Agreement which action will also approve amen&nent of Paragraph 25 <br />of the Evergreen Development Agreement. <br /> <br />Council Action: <br /> <br />Motion to enter into the Agreement regarding right-of-way relating to Evergreen Point Townhomes <br />Second Addition, which Agreement also authorizes amendment of said addition's Development <br />Akn:eement dated November 25, 2002 and authorize the Mayor and City Administrator to sign on <br />behalf of the City the necessary documents. <br /> <br />Review Checklist: <br /> <br />City Administrator <br /> <br />-211- <br /> <br /> <br />