ACTION REQUESTED:
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REVISED Communication from the City Manager and Director of Public Works with a Request to APPROVE a Development Agreement with EXPOSITION GARDENS, INC., and AUTHORIZE a Negotiation in an Amount Not to Exceed $150,000.00, for Right-of-Way Acquisition and Easements of a Portion of Parcel 14-17-100-001 for the Proposed NORTHMOOR ROAD IMPROVEMENT PROJECT (ALLEN ROAD to UNIVERSITY STREET), and for the compensation for a reduction of the size of Exposition Gardens freestanding sign. (Also Refer to Item 17-081) (Council District 4)
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BACKGROUND: The attached Development Agreement has been executed by Exposition Gardens, Inc. and is different from the original item in the Council packet. Also included is a redline version of the agreement. The changes from the previous version include:
1. The dedication of the right of way is subject to all easements of record.
2. The City will install the sanitary sewer connection to the property and utility sleeves to protect the new roadway.
3. The City will ensure that existing driveways and entrances to Exposition Gardens are reconnected at grade.
4. Exposition Gardens, Inc., and their successors and assigns, agree to certain development standards as part of the agreement:
a. There shall be no vehicular drive throughs;
b. All buildings will be constructed primarily with brick; and
c. All buildings shall face Northmoor road with their primary functioning entrances/exits facing Northmoor.
d. With this adoption, there will be no need for an additional agreement between the City and Exposition Gardens, Inc.
The executed Development Agreement still provides that Exposition Gardens, Inc. will dedicate the necessary right of way and temporary easements needed by the City for the construction project for $100,000. The City will relocate their entrance sign to the right of way, and the relocated sign will be no higher than six (6) feet and a size no greater than fifty (50) square feet. The City will ...
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