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LA515\89\988411.v1 <br /> STAFF REPORT <br />DATE: 11-19-2024 <br /> REGULAR <br /> <br />TO: Mayor and City Council <br />FROM: Jason Stopa, Community Development Director <br /> Sophia Jensen, City Planner <br />AGENDA ITEM: Easton Village 7th Addition – Second Amendment to the Development <br />Agreement <br />REVIEWED BY: Jack Griffin, City Engineer <br /> Sarah Sonsalla, City Attorney <br />Jenni Faulkner, Consulting Planner, Bolton and Menk <br /> <br /> <br />BACKGROUND: <br />The City has received a request by Chase Development, Inc for a second amendment to the Development <br />Agreement for Easton Village 6th and 7th Additions. The 7th Addition final plat was approved in December <br />of 2022. The Development Agreement for 6th and 7th Additions was approved in March of 2024. The first <br />amendment to the Development Agreement for Easton Village 6th and 7th Additions was completed in July <br />of 2024 to allow a building permit for the 6th Addition prior to the public improvements being completed <br />in 7th Addition. <br /> <br />ISSUE BEFORE CITY COUNCIL: <br />Should the City approve a second amendment to the Development Agreement for Easton Village 6th and <br />7th Additions in order to allow the issuance of building permits prior to public improvement acceptance and <br />sidewalk installation? <br /> <br />PROPOSAL: <br /> <br />Current Development Agreement. The current Development Agreement does not allow building permit <br />issuance for homes within the 7th Addition (other than for a model home) until all public improvements are <br />completed and accepted by the City, except the wear course on the streets. This Development Agreement <br />is different than the City’s standard form of Development Agreement. It was proposed by City staff to <br />address a history of noncompliance by the Developer on previous development phases. <br /> <br />The City’s standard form of Development Agreement requires the Developer to assume all responsibility <br />related to all site issues, including erosion control issues, drainage issues, and damaged infrastructure, in <br />the event that building contractors are permitted to work within the subdivision prior to the Developer <br />obtaining final acceptance of the improvements by the City. This language is important to ensure that the <br />City and new homeowners are able to seek resolution to construction related problems and defects without <br />having to navigate the developer and various builders as they deflect responsibility back and forth to one <br />another. The City was seeking to improve the responsiveness in resolving issues going forward. <br /> <br />Proposed Development Agreement Language. The Developer is now asking that the Development <br />Agreement for Easton Village 6th and 7th Additions be amended to revert back to allowing the issuance of <br />building permits prior to installation and acceptance of public improvements, and construction of sidewalks, <br />similar to the building permit provisions used in the Development Agreement for Easton Village 5th