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we'll go without recovery. I would <br />then expect you to not sneak up on <br />him in a subsequent agreement. I <br />would then expect you, if they don't <br />convey in a reasonable amount of <br />time, I would expect the City to <br />condemn same. <br /> <br />Davidson asked if Shonkwiler's corporate headquarters would agree <br />to that? <br /> <br />Shonkwiler thought there might be a problem with the punch list. <br /> <br />Davidson stated that the City would try to expedite the punch list. <br /> <br />Shonkwiler stated that the transfer of S-3 is going to have to come <br />back before Council in a formal document. He would like to codify <br />that into an agreement for the transfer of the rights on S-3 for <br />the non-recovery of Dyer Road. He felt it could all be accompli <br />shed. <br /> <br />Brand suggested a motion be made for the record, such as which <br />option (constrained, unconstrained). <br /> <br />Sisk: <br /> <br />The unconstrained. <br /> <br />Howard: So moved. <br /> <br />Davidson: <br /> <br />We're doing the unconstrained option <br />and Homart will not be responsible <br />for recovery on Dyer Road. <br /> <br />Mayer added that Homart will remove the restriction for S-3, <br />presuming that there is no recovery on Dyer Road. <br /> <br />Shonkwiler: <br /> <br />For the northerly portion of S-3 <br />that's required for the free right <br />only. <br /> <br />Mayer wanted it clearly understood that this deals with the <br />recovery issue alone. He did want it said that the City could not <br />require other public improvements. <br /> <br />Shonkwiler: <br /> <br />With regard to collectors and <br />arterial roads, I would respectfully <br />disagree with your position. <br /> <br />Davidson: <br /> <br />We're discussing Dyer Road only. <br />Homart will not be required to pay <br />any recovery fees on Dyer Road. <br />Homart agrees to release the <br />restrictions on Parcel S. <br /> <br />10 <br /> <br /> <br />