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Council approves development‑agreement addendum conditionally; requires on‑site certification
Summary
Council accepted an addendum reducing a developer’s letter of credit to $254,003 but required council insertion of language clarifying the reduction applies only to on‑site water and sewer improvements and required written certification from staff that on‑site work is complete and water testing is favorable.
The council voted to accept a first addendum to a development agreement that reduces the developer's letter of credit and preserves a one‑year warranty, but the approval was conditional.
City attorney Lyle Fuller told the council the draft addendum currently states the developer "has now completed both the sewer improvements and the water improvements" and said he would prefer revised language that specifies completion of the on‑site sewer and water improvements. A public‑works representative and contractor/inspector (identified in the transcript as John Balls) confirmed that on‑site improvements have been installed and tested, with final water testing pending. Council member Brent Dodge moved to accept the addendum "once the wording is inserted into paragraph 2c that it's in specific reference to the on‑site improvements, both water and sewer," and the motion made acceptance subject to written certification from John Balls and Tyrell Simpson that the work is complete and water tests are favorable. The motion carried unanimously.
The addendum reduces the security amount (listed in the packet as $254,003) while the warranty and remaining bonds remain in place until off‑site improvements are complete and the one‑year warranty period begins when all improvements are finished and accepted.
