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Item 9B - MemoItem 9B Page 1 of 2 M E M O R A N D U M (June 20, 2023) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve text revisions to the previously approved Commercial Developer Agreement (CDA) with Carillon Crown, LLC for the N. White Chapel Boulevard Improvements. Action Requested: Approve text revisions to the previously approved Commercial Developer Agreement (CDA) with Carillon Crown, LLC for the N. White Chapel Boulevard Improvements. Background Information: The proposed Carillon Parc development’s site requires N. White Chapel Boulevard to be widened along the property frontage to accommodate the projected traffic volume. N. White Chapel Boulevard is identified as a 4D Arterial (4-lane divided) and is currently constructed as a 2-lane roadway. The Developer has agreed to construct the full 4-lane pavement street section from SH114 up to Kirkwood Boulevard including pavement, curb, storm drain inlets, and striping. The CDA was presented to and approved by City Council on April 4, 2023. The purpose of this item is to seek City Council consideration of revisions to the CDA with Carillon Crown, LLC, as requested by the developer. The developer for the N. White Chapel Boulevard Improvements is requesting the following revisions to the standard developer agreement language: • Addition of an exhibit to clarify what the proposed improvements, as it is referred to in the CDA as the “Addition”, and the addition of text to reference this exhibit in the first paragraph of the CDA. • Strikethrough of references to public water and sewer since these utilities are being constructed with the Carillon Parc development. • Update of the Indemnification Language to better clarify that the indemnification is not intended to apply to claims made against the city resulting from negligent acts of city employees. Item9B Page 2 of 2 • Update the references to future construction of sidewalk to specify the sidewalk adjacent to the commercial properties shall be constructed with each property. • Update the Plat date for the dedication of the park to allow for additional time for the Developer to accurately define the park boundary and amenities. Funding for this agreement is available as part of the approved Capital Improvement Program. Financial Considerations: Funding for the CDA for the White Chapel Boulevard Improvements is budgeted as part of the approved Capital Improvement Program. Strategic Link: This item links to the City’s Strategy Map strategic focus areas of Quality Development and Partnerships & Volunteerism. It specifically relates to the City’s Corporate Objectives, B2: Collaborate With Select Partners to Implement Service Solutions. Citizen Input/ Board Review: None. Legal Review: The proposed agreement is a standard agreement that the City Attorney has reviewed and approved. Alternatives: The City Council may approve or deny the agreement. Staff Recommendation: Approve text revisions to the previously approved Commercial Developer Agreement (CDA) with Carillon Crown, LLC for the N. White Chapel Boulevard Improvements. Supporting Documents: Attachment A: Commercial Developer Agreement Attachment B: Location Map Staff Contact: Rob Cohen, Director of Public Works Sandy Endy, P.E., CFM, Development Engineer Kevin Ferrer, P.E., CFM, City Engineer