City Council Minutes 1983 09 06 - Laserfiche WebLink

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Forever Indemnification Clause in the Agreement "Up To" Numbers or Building Permits Cul-de-sacs Entry-way Access 9/6/83 Page -ll'- In answer to Councilwoman Morris' inquiry, Mr. Drumm stated that the homes would be custom built, either by a private contractor or the developer, depending on the market; similar to those at Mesa Point and in the middle upper class price range - not tract homes. Discussion between Councilman Leary, Mayor Meier, Attorney Rautenstraus, and Mr. Drumm relating to the "forever" indemnification clause as to whether a definite time limit could be placed on the drainage issue. Since the agreement had been signed by Mr. Caranci containing this clause, Attorney Rautenstraus to contact developer's attorney and agree on period of time for liability of the drainage. Discussion between Mayor Meier and Mr. Drumm on this issue. Mayor Meier commented he did not feel these figures as stated in the sub- division agreement would be changed drastically unless some unforeseen problem occured, i.e. with utility services, etc. Councilman Leary commented the "up to" phrase allowed for flexi- bility and did not foresee this figure being reduced to as samaIl as 4. Further discussion that the wording "reasonable cause" be added in the agreement pertaining to the stated number of permits for a given year, should the Council determine to reduce this number. Councilman Cussen expressed concern with the cul-de-sacs in that the fire and rescue units would have difficulty reaching these areas and suggested median strips in these areas. Councilman Leary suggested that perhaps addi- tional open space at the entryway would enhance the site by tieing into the open space now in place. Preferred taking the 2 additional lots for this purpose rather than cash in lieu of o~en space dedication. Councilwoman Morris expressed concern that the access goes through Hunter's Ridge when Hunter's Ridge has not yet been approved. Felt this subdivision should only be approved with the condition that Hunter's Ridge is approved because it would not meet the fire department nor City's standards. Attorney Rautenstraus advised that the sub- division agreement did provide that there would be no units constructed on lots more than 500' north of South Boulder Road until the other access was completed.