From: Mac Corthell
Sent: Mon Oct 11 10:08:27 2021
To: Spencer Parsons (spencer@gov-law.com)
Cc: Kristen Ketchel-Bain
Subject: Dansons DA/Sub-Recipient Agreement
Importance: Normal
Attachments: ODOT IGA 730-0004176_Molalla_IOF_Final.pdf; 2021.10.07 SDR06& CUP01-2021 NOD.pdf; Good Morning Spencer, Dansons Land Use was approved on 10/6, appeal period closes 10/18 and we aren’t expecting an appeal at this point. We chatted about the Development Agreement/Sub-Recipient Agreement and I promised to send you the supporting documents. Attachments: ODOT IGA 730-0004176_Molalla_IOF_Final.pdf; 2021.10.07 SDR06& CUP01-2021 NOD.pdf; 1-Dansons NOD with Conditions of Approval (There is a provision prior to occupancy requiring all public improvements to be completed, but allowing for the DA relevant to the S Molalla Ave improvements). 2-IGA between ODOT and Molalla for IOF award (will be executed by Council on 10/27 because we wanted to wait until appeal period closes on the land use). Points of Clarification: 1-The Development Agreement/Sub-Recipient Agreement will only be relevant to the South Molalla Ave transportation improvements, all other public improvements will remain under the Conditions of Approval. 2-We want to ensure that if Dansons fails to provide the required jobs or abide by any of the relevant grant provisions they will be liable to the City for anything that the City has to repay to ODOT. 3-We’ll need to set timing provisions that will take the improvements out of “prior to occupancy” and into some other reasonable standard that still requires them to push forward, but may allow occupancy prior to completion. 4-The required improvements must be bonded with Clackamas County (based on their standards) within a time certain after execution of the agreement. I’m meeting with Clackamas County Engineering on Wednesday to further discuss all of this and will keep you posted if there is anything relevant to this that comes out of the discussion. Let me know if you need any other info. Thank you! -Mac Macahan “Mac” Corthell, J.D. | Planning Director City of Molalla 117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038 Phone - 503.829.6855 Fax – 503.829.3676 Email – mcorthell@cityofmolalla.com Website – http://www.cityofmolalla.com CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.