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Commission Recommends Dissolution of Development Agreement at 1221 South Main, Contingent on Sale
Summary
Commissioners voted to dissolve a development agreement covering 1221 South Main, with the action made contingent on a closing between seller and purchaser; applicants and city staff said a new agreement will be drafted for the future project.
The Cedar City Planning Commission voted to recommend dissolving the existing development agreement for 1221 South Main, conditioned on a sale/closing between the current seller and purchaser.
Rick Magnus, representing the applicant for AWA Engineering, told the commission the current development agreement must be removed to allow a future project and that city staff and legal counsel have been working with the developer on a replacement agreement. A staff speaker explained the draft termination is "subject to and condition upon a closing between sellers and purchaser under the purchase and sell agreement."
Commissioners discussed survey work (an ALTA survey is underway), easements and the logistics and costs of moving utilities. A city attorney noted the addendum in the prior agreement largely addressed duties such as relocating previously uncharted utility lines, and that those responsibilities are typically governed by common law; staff said the ALTA survey will identify outstanding lines.
A motion to dissolve the development agreement was moved, amended to make the dissolution contingent upon the sale/closing, seconded, and carried on a voice vote. Staff said a new development agreement is expected to be drafted when the purchaser comes forward and that the dissolution simply clears the way for a new negotiation.
The commission’s recommendation will be forwarded to the City Council; staff will track the closing event as trigger for final administrative steps.
