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Zoning File #1234 <br />Additional Comments and Planning Commission Recommendation <br />February 3, 1988 <br />The Planning Commission questioned the limitations of the hold <br />harmless aqreement required by the Council at the time of the first review. <br />Co,•n-il was concerned that the work to be performed both on the applicant's <br />property and within the right-of-way of Old Crystal Bay Road presented <br />potential liability for the City if another property within the watershed <br />was to sustain damage after the -Iteration. <br />The applicant has confirme, _iat the invert culvert within Old Crystal <br />Ba.v Road will not be altered as a part of this application. The original <br />hold harmless agreement was to be tied into the Developer's Agreement that <br />was to be effective for only one year upon completion of the installation <br />of the pond. The Planning Commission felt the hold harmless should be <br />permanent and a separate instrument filed against the property and not <br />tied to the Developer's agreement. <br />Please note V --ougan need not fulfill any of the conditions of this <br />resolution until jpplies for the land alteration permit for the <br />pond/swale installation. <br />The planning Commission adopted staffs approval recommendation of the <br />renewal application subject to amending the condition that would ask for a <br />permanent hold harmless agreement. The enclosed resolution has been <br />drafted per the Planning Commission recommendation. <br />