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W <br />COnMr'ii <br />JUL 2 5 2005 <br />REQUEST FOR COUNCIL ACTION CITy OF ORONO <br />Date: July 21,2005 <br />Item No.: j ^ <br />Departmcot Approval: <br />Name: Michael P. Gaffron <br />Title: Planning Director <br />Administrator Approval:Admu Agenda Section: <br />Zoning <br />Item Description: #02-2840 STONEBAY • First Amendment to PUD No. 4 Agreement: <br />Assignment of PUD &om John Terrance Homes LLC to OT Development LLC <br />Lbtof Eihibits <br />A - Agreement Document <br />B - Map of Property being Transferred <br />As noted during the recent final plat approval for Stonebay 3'**, 4“', 5“* and 6*** Additions, the <br />remaining undeveloped rambler and two story townhome lots within Stonebay Phase 1, and <br />all the remaining residential phases (consisting of rambler and 2-story townhome lots and <br />outlots comprising the S'**, 4 , S'** and b"* Additions) are being taken over by the 2!achman <br />group. The two commercial outlots on the soudi side of Kelley Parkway are not part of this <br />transfer. <br />The assignment of the Development Agreement fix>m John Terrance Homes LLC to 3Z <br />Holdings is pursuant to a land purchase agreement between those two entities dated June 13, <br />2005. “3Z Holdings" is the entity under which Zachman Brothers holds land until it is <br />developed. The successor entity which will actually be doing the development of the <br />remaining Stonebay residential phases is “OT Development, LLC”, represented by Amie <br />Zachman. This is a separate entity from OC Development LLC which is about to commence <br />construction of the Lofts condominiums. <br />The City Attorney has reviewed the attached Agreement drafted by the applicants' attorney, <br />and finds it acceptable in form, and has indicated the terms of the PUD No. 4 Agreement will <br />remain in effect under the new developer. <br />COUNCIL ACTION REQUESTED <br />Motion to Authorize the Mayor and City Clerk to execute the attached First Amendment to <br />Planned Unit Development No. 4 Agreement. <br />' . • 7 ■'/ ^ ' ■•’ i * <br />iM ini‘feiidtiri*nni mittri J