2020-043 - Laserfiche WebLink

Home Browse Search

N. The CUP does not require the School District to pay for all improvements to the Property; it simply requires all the improvements to be constructed as a prerequisite to the occupation and use of the Property. O. At the time of the City Council's consideration of the land use applications discussed above, including the CUP, the School District's representatives were provided with all staff reports and the proposed CUP. The School District did not make objection to the CUP or any of its conditions. IV. IMPROVEMENTS SINCE CONDITIONAL USE PERMIT APPROVAL A. The Developer and the City negotiated a Developer's Agreement, dated October 22, 2018, which required the Developer to build the water and sewer infrastructure and bring it to the Property. B. The School District closed on its purchase of the Property on October 23, 2018. The CUP was granted months before the closing and the School District was aware of its requirements. The provision of water and sewer to the Property by the Developer was contemplated in the Purchase Agreement between the School District and the Developer. The City was not a party to the Purchase Agreement, C. By e-mailed dated April 16, 2019, the City Administrator stated that, "We are allowing you to work under the IUP (Interim Use Permit) as referenced in Condition 2 of the CUP but that expires this year. I honestly don't think Terry is as a school bus ag rage." (Ex. 20, p. 2) (emphasis added.) D. On July 11, 2019, the School District entered into a Site Improvement Agreement with the City to govern its construction of improvements required of the School District by the CUP. Their improvements include landscaping, stormwater management, and drainage facilities, grading, utility work, plumbing, and water main installation. (Ex. 21.) The Site Improvement Agreement addressed improvements that were the financial responsibility of the School District. E. The Site Improvement Agreement provides, "9. The [School District] is responsible, at its own cost, for installing any private utilities that may be required for the Project. The installation of such private utilities is not considered part of the Improvements for the purposes of this Agreement." (Ex. 22, at p. 2.) Accordingly, the Site Improvement Agreement did not address or approve of the installation of a fire suppression system, fire alarm system, including heat and smoke detection, and a temporary septic system. F. The Site Improvement Agreement requires: "10. The Developer shall construct the Project and the —Improvements -in -accordance with -the —Approval and all -- applicable laws, odes, regulations, and ordinances and shall obtain all other permits and permissions that may be required. '(Ex. 22, at p. 3.)