From: Spencer Parsons

Sent: Wed Apr 22 18:40:50 2020

To: Alice Cannon

Cc: Dan Huff; Gerald Fisher; Kristen Ketchel-Bain

Subject: RE: Do you have any updates for us?I had a conversation with LGI Homes today

Importance: Normal

 

It was an inconclusive conversation. Andrew did not have proposal terms ready when we spoke but said he put something in writing in the next day or so. He said that he has some “smoking gun” documentation that the parties (and decision) did not contemplate the properties along 211 as part of the PUD at the time of approval, but that the southern boundary of the PUD footprint is where the Ona stub ends, and that the conditions addressing the level of Ona improvements apply only within the PUD footprint.

He also continues to maintain that Molalla Forest Road was the secondary emergency access that the parties settled on after encountering problems at ODOT with the Ona Way connection, even if considered temporary until the Ona connection with 211 is made. He pointed to the ODOT letter discussing the two options of 1) full improvements or 2) a temporary fire access if deemed necessary by the Fire Official. He said that, after talks with ODOT broke down, full improvements connecting to 211 were never an option and that the Fire Official deemed a temporary fire access unnecessary because of the existing (if temporary) emergency access on Molalla Forest Road, which would ultimately be supplemented when the properties along 211 develop and the Ona connection is completed. I haven’t had a bunch of time to look at the materials Gerald forwarded but it may provide some of these questions regarding Molalla Forest Road.

I asked him to pass along anything he deemed a “smoking gun” with his proposal for our own evaluation of it.

Spencer Q. Parsons

Beery Elsner & Hammond, LLP

From: Alice Cannon [mailto:acannon@cityofmolalla.com]

Sent: Wednesday, April 22, 2020 4:45 PM

To: Spencer Parsons

Cc: Dan Huff; Gerald Fisher

Subject: Do you have any updates for us? I had a conversation with LGI Homes today

Hi Spencer,

I kept it upbeat and told them we would keep the dialogue open because we want their future residents to be able to occupy the remaining homes as soon as possible. I emphasized that the conversation will be most productive if we can receive an update from Stafford Land Company on when they plan to move forward with the needed short-term steps for the fire access and Ona Way extension.

Alice