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Administrator/Economic Development Manager Brama explained that if the purchase agreement <br />is extended they want to ensure that they receive credit towards the purchase agreement equal to <br />the amount of the earnest money. He believed that was consistent with the City policy. City <br />Attorney Langel confirmed that is consistent with the City's earnest money practice, noting that <br />indicates that any earnest money is credited against the purchase price. He confirmed that if the <br />closing does not occur the earnest money would be kept by the City. Asst. City <br />Administrator/Economic Development Manager Brama stated that if the developer passes the <br />inspection period and does not close on the property, the funds would be non-refundable. He <br />stated that the only thing that would return the money to the developer would be if the City <br />defaults. Councilmember Williams stated that she is not comfortable with the purchase price <br />proposed and therefore will not support the motion. Mayor Strommen stated that she appreciates <br />the efforts of the EDA and Councilmember Williams to push for a higher price. She stated that <br />staff has done that and received an answer on the counter-offer and because the price is within <br />the acceptable range she did not see that delaying action would change the outcome and would <br />be supporting this action. <br />Motion carried. Voting Yes: Mayor Strommen, Councilmembers LeTourneau, Shryock, Johns, <br />and Kuzma. Voting No: Councilmembers Riley and Williams. <br />7.06: REVISED: Consider Adoption of Resolution #17-07-187 Approving Final Plat for <br />COR Stonebrook Academy (Project #17-101); Case of Michael and Kristen Johnson <br />Community Development Director Gladhill reviewed the staff report and recommendation of the <br />Planning Commission to approve the Sire Plan contingent on further building design revisions in <br />addition to those outlined in the Staff Review Letter. He noted that this contingency appears to <br />have been met with the revised plans. <br />Councilmember Kuzma stated that he likes the architecture on the building and believed that this <br />will be a good addition to The COR. <br />Motion by Councilmember Kuzma, seconded by Councilmember Johns, to Adopt Resolution <br />#17-07-187 Granting Final Plat and Development Agreement Approval of COR Stone Brook <br />Academy. <br />Further discussion: Councilmember Williams asked why the cross -access easement is not shown <br />on the plat. Community Development Director Gladhill stated that the County will not allow <br />recording of easements on the plat and noted that will come forward with the Development <br />Agreement and other separate documents that will be recorded in August. <br />Motion carried. Voting Yes: Mayor Strommen, Councilmembers Kuzma, Johns, LeTourneau, <br />Riley, Shryock, and Williams. Voting No: None. <br />City Council / July 25, 2017 <br />Page 10 of 17 <br />