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File #: 15-1029    Version: 1 Name: 8/17/15 Resolution to Approve First Amendment to 618 South Main Development Agreement
Type: Resolution Status: Passed
File created: 8/17/2015 In control: City Council
On agenda: 8/17/2015 Final action: 8/17/2015
Enactment date: 8/17/2015 Enactment #: R-15-278
Title: Resolution to Approve the First Amendment to the 618 South Main Development Agreement, 618 South Main Street
Sponsors: Christopher Taylor
Attachments: 1. 618 South Main First Amendment, 2. 618 South Main Development Agreement - recorded
Title
Resolution to Approve the First Amendment to the 618 South Main Development Agreement, 618 South Main Street
Memorandum
Attached is a resolution to approve the First Amendment to the 618 South Main Street Development Agreement. 618 S. Main Development LLC is required to disconnect 33 footing drains in accordance with the City of Ann Arbor Developer Offset Mitigation Program as revised by City Council on June 15, 2015, or to provide an alternative method of mitigation that results in an equivalent amount of sanitary flow removal.

618 S. Main Development LLC has disconnected 15 footing drains and was issued a certificate of occupancy for a portion of the building. City ordinances allow partial certificates of occupancy for development prior to the completion of all required footing drain disconnects on a prorated basis at the discretion of the City Public Services Area Administrator. Despite best efforts to disconnect 33 footing drains or otherwise mitigate flow into the sanitary sewer system, 618 S. Main Development LLC is unable to complete the flow mitigation prior to their desired occupancy of the remainder of the building.

The amendment would, with the approval of the City Administrator, allow the City to temporarily lend footing drain disconnects from the City's unassigned bank of completed footing drain disconnects. Use of completed footing drain disconnects banked by the City would satisfy the mitigation requirement for the purpose of the issuance of partial Temporary Certificates of Occupancy by the end of August.

618 S. Main Development LLC would escrow with the City two (2) times the fair market cost (as determined by the City) of the footing drain disconnects used from the City's bank. The escrow would be returned as the 618 S Main completes footing drain disconnects or alternative mitigation. The City will not issue Final Certificates of Occupancy until 618 S. Main Development LLC has completed all permanent mitigation, repaying...

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