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Item 4C Commercial Developer Agreement with the Developer of the Brownstones Cooper & Stebbins LP, and the Brownstones at Town Square Owners Association Item 4C Requested Action City Council approval of Third Amended Commercial Developer Agreement with: Developer of the Brownstones (Phase I and Phase B) Cooper & Stebbins LP Brownstones at Town Square Owners Assoc. Site Location Site View Site View Third Amendment to Commercial Developer Agreement A. Assignment and Ownership of Street Trees and Landscaping (CITY) B. Replacement and Maintenance of Street Trees, Landscaping and infrastructure (CITY) Developer nor Cooper & Stebbins have any ownership or right of control or authority over the trees, shrubs and landscaping located in the City right-of-way. Maintenance and Replacement of trees, shrubs and other landscaping located in public ROW will be at level equal to or better than done elsewhere in TS area (CITY) Trees: Bounded by Civic Place, Grand Avenue, Fountain Place and State Street Shrubs, seasonal color and other landscaping: Blocks occupied by Town Hall and by Summit Park Irrigation of Street Trees and Landscaping Irrigation system in City ROW currently part of Association’s irrigation system, with meters in their name and paid by Assoc. Assoc to pay for City-supplied irrigation water and City to reimburse Assoc for portion attributable to maintenance of trees, shrubs, landscaping in City ROW City may disconnect irrigation infrastructure from Assoc’s water lines and connect to water meters on the City’s account City would be responsible for payment of such separately-metered water usage Financial Consideration Costs for consistent maintenance and replacement of landscaping and infrastructure in the public right of way locations described in the proposed amendment, are funded in the FY 2014 general operating parks maintenance budget Citizen / Board Input Agreement based on previous agreement Reviewed and approved by Developer of Brownstone Addition, Cooper & Stebbins LP and Brownstones at Town Square Owners Association City Council consideration Oct. 15 2013 Questions? Kari Happold