CITY of RAPID CITY Agenda Item Summary
Meeting Date: 11/10/2015		Commission, Board or Committee: N/A
Staff Contact: Joel Landeen, City Attorney		PW Committee or L&F Committee: Public Works
Petitioner: City of Rapid City/Lazy P6		City Council 1st Reading: N/A
Location: Property south of Catron Blvd.		City Council 2nd Reading: N/A
Agenda Title:
Authorize Staff to Sign Agreement for Public Improvements with Lazy P6 Land Co., Inc.
Summary:
This is a modified version of the standard development agreement that all landowners who plat property are required to sign. The agreement has been modified to facilitate settlement of a lawsuit that Lazy P6 has filed against the City and former Mayor Sam Kooiker. The substantive modifications to the agreement are contained in Section I(A). Normally, a developer who is platting provides completed construction plans for the public improvements required under the City’s subdivision ordinance. In order to facilitate the transfer of the lot being platted to an entity interested in purchasing it, the agreement allows Lazy P6 to plat prior to completion of the final construction plans. Lazy P6 has still prepared a cost estimate for the anticipated public improvements and City Engineering staff has reviewed and approved the estimate. Lazy P6 will still post surety to secure completion of the improvements. In order to ensure the improvements are completed in a timely manner, the City can deny a certificate of occupancy for any structures build on the lot if the public improvements have not been completed. Since the agreement has been modified, staff needs Council authorization to sign it.
Funding Source & Fiscal Impact (if applicable):
N/A
Recommendation:
Action: Choose an item. Approve Notes: If the Council rejects approving this agreement, it is likely that the settlement we have negotiated will collapse and the law suit will continue moving forward.
Options:
Approve or Deny
Attachments & Links:
Agreement	Click here to enter text.		Click here to enter text.
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