DATE: February 5, 2020
TO: Board of Mayor and Aldermen
FROM: Eric Stuckey, City Administrator
Mark Hilty, Assistant City Administrator - Public Works
Lisa Clayton, Parks Director
Kevin Lindsey, Facilities Superintendent
SUBJECT:
title
Consideration Of Resolution 2020-03, A Resolution To Amend COF Contract No. 2019-0007 Parkland Agreement Impact Fee And Greenway Trail System Construction As Amended, Agreement Between The City Of Franklin And Clayton Properties Group, Inc. (WS 2/11/20; BOMA 2/25/20, deferred to the 3/10/20 meeting)
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Purpose
The purpose of this memorandum is to provide information to the Franklin Board of Mayor and Aldermen (BOMA) concerning a resolution to amend COF Contract No. 2019-0007 at the request of Clayton Properties Group, Inc.
Background
On October 8, 2019 the Board of Mayor and Aldermen approved Resolution 2019-94 amending COF Contract No. 2019-0007. The amended agreement was shared with Clayton Properties Group, Inc. Upon their review, Clayton requested certain language be added for clarity to the contract to make the agreement more specific in certain paragraphs. The original agreement did not mention "prior to the release of the maintenance bonds" and to whom, "to the City" Clayton Properties Group, Inc. would dedicate the land once the construction of the greenway improvements was completed. The changes are presented below, with the added language bolded:
"WHEREAS, Clayton has agreed to plat and dedicate land to the City and to construct the Greenway Trail System improvements as illustrated on Exhibits B and C and described in detail below for the future enjoyment of the public, subject to the terms and conditions set forth herein; and"
to paragraph five (5), page one (1), under the title WITNESSETH; and
"14. Barring force majeure or weather delays, and prior to the release of the maintenance bond, Clayton agrees, upon thirty (30) days written notice from the City, to remove, repair, or replace tree...
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