HomeMy WebLinkAboutComments PLANNER 11/12/2008
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L1MBIRD Andrew
From: L1MBIRD Andrew
Sent: Wednesday, November 12, 2008 9:57 AM
To: 'Michael Kaiser'
Subject: RE: 4396 Main St - DRC 2007 -00083
Mike: I confirmed with Mr. Tokatly that he will be signing the Development Agreement. Usually the owner
executes the agreement unless they provide something in writing that assigns responsibility to someone else
such as a third party developer. In any case, the City is not involved with or aware of lease agreement provisions
for the tenant. There is some risk to the owner if Enterprise fails to complete the site development, but the lease
agreement probably has a contingency in the event the project is abandoned. I suspect that Enterprise will be
obtaining the Building Permits, and therefore they will be subject to enforcement action if they fail to complete the
development in accordance with provisions of the permits.
Andy
From: Michael Kaiser [mailto:mkaiser@poage.net]
Sent: Wednesday, November 12, 2008 9:35 AM
To: UMBIRD Andrew .
Cc: Joe Tokatly; ava;n.joubert@erac.com
Subject: Re: 4396 Main St - DRC 2007-00083
Andrew,
Based on our e-mail discussions on 11-5, I assume you have talked to Mr. Tokatly about signing for the
Enterprise development and he agreed to do that. What liability does he assume for Enterprise in signing the
agreement? Is that normal for the owner to sign for the lessee in a site review agreement?
Mike
-- Original Message -
From: L1MBIRD Andrew
To: Michael Kaiser
Sent: Wednesday, November 12, 2008 9:23 AM
Subject: RE: 4396 Main St - DRC 2007-00083
. ~
Mike:' The Development Agreement is ready for Mr. Tokatly's signature, and I'll be arranging for signing and
notarization of the document. After that, Building Permits can be issued. The developer should be able to
proceed with work on the site prior to ODOT's final approval of the right-out-only driveway design. If the design
changes or the driveway is closed the site plan can be revised a=rdingly. '
Andy
From: Michael Kaiser [mailto:mkaiser@poage.net]
Sent: Wednesday, November 12, 2008 9:12 AM
To: UMBIRD Andrew
Subject: 4396 Main St - DRC 2007-00083
Andrew,
Enterprise is wondering where we are at in the process. Is everything ready except for waiting for the ODOT
~~i~ ~
Mike
11/12/2008
Date! Received: /~/;~/,).()t?tf'
Planner: AL