Read it and weep, neighbors . . .
Date: July 30, 2012
TO: Paul R. Soglin, Mayor, Members of the Common Council
FROM: Michael P. May, City Attorney, Anne Zellhoefer, Assistant City Attorney
RE: EDGEWATER PROJECT
We have been asked what City conditions remain to be fulfilled by the developer of the Edgewater project in order for the City to issue permits for the developer to begin construction.
Since the development will proceed without tax incremental financing assistance from the City, the only City conditions remaining unsatisfied are those set forth below, which is condition number 60 from the City’s Zoning Conditional Approval Letter:
That the developer submit proof of financing and executed contracts with construction firms for the entire scope of the project, which provide assurances that the entirety of the project will be completed once started, in a form acceptable to the Director of the Department of Planning and Community & Economic Development prior to the recording of the planned unit development and the issuance of any building permits. For the purposes of this condition, the entire scope of the project shall mean all excavation; site utility construction; construction of improvements in the public right of way and on the zoning lot; structural, electrical, plumbing and mechanical construction, and; any other building improvements and furnishings required by the Director of Building Inspection Division for the issuance of Certificates of Occupancy for the project.
The City, Landmark X, LLC and Preferred Title executed an Escrow Agreement dated as of April 12, 2011 in which the City and Landmark agreed upon the form of a final set of over 20 documents and agreements that are required as a part of the City’s CSM approval and Zoning approvals. These documents include the PUD documentation, the certified survey map, the Public Access Management Agreement, multiple easements, and various other agreements required by the City that address traditional development issues such as traffic signals, storm water overflow, etc. The easements and the Public Access Management Agreement were approved by the Council in January of 2011. All approvals for the project have been granted by the Council or Plan Commission, as applicable, and the Mayor and City Clerk are authorized to execute the documents and agreements that have been placed in escrow with Preferred Title, provided the conditions set forth above are satisfied.
Please let us know if you have any questions.
Michael P. May, City Attorney
Anne Zellhoefer, Assistant City Attorney
cc: Steve Cover Brad Murphy Maureen O’Brien
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