Title
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT WITH BEAVER EXCAVATING REGARDING THE USE OF PARCEL 3009781 AS A TEMPORARY CONSTRUCTION YARD.
Brief Description: Beaver Excavating is stating a need to utilize the current construction yard until July 5, 2026, the end date of the lease agreement. Since the City purchased the property while the lease from the previous owner was still in effect, the Solicitors office recommends a settlement agreement to allow the use of the property under the expired permit until the lease expiration and to require liquidated damages to ensure they vacate per the lease expiration in July and that the site be properly restored.
Body
Legislative History
None
Purpose & Explanation
Beaver Excavating is utilizing a temporary construction yard at Stow Road and the Turnpike (PP#3009781). The city has processed ZC 23-728 for a one year term with three subsequent six month extensions as permitted under the LDC allowances of 1206.04(c). The current, final extension will expire on January 27, 2026.
Beaver Excavating entered into a Property Lease and Easement Agreement with the previous owners allowing use of the property for a 36-month period ending on July 5, 2026. This 36-month agreement does not align with the maximum timeline allowed under the Land Development Code (30 months). The contractor had initially anticipated completing the project this Fall; however, the project will not be fully completed until Summer 2026.
Beaver Evacating is stating a need to utilize the current construction yard until July 5, 2026, the end date of the lease agreement. Since the City purchased the property while the lease from the previous owner was still in effect, the Solicitors office anticipates the need to negotiate a settlement agreement to allow the use of the property under the expired permit until the lease expiration and to require liquidated damages of $500 a day (per the standards of LDC 1212) ...
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