10/04/2005 - Laserfiche WebLink

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Commissioner Davis met with staff and residents of concern in the Lakes of Sandridge concerning some contention from the developer that the pending ordinance doctrine we have in place is unworkable and puts an undue burden on the developer. This item is to give the developer an opportunity to have the ordinance changed. Greg Castelina, Developer of Lakes at Sandridge, handed out copies of LDR Ordinance 2005-007, the Warranty, Guaranty and Maintenance Agreement and Bill of Sale for Required Improvements, and the Contractor Maintenance Bond. He wanted modifications made to the existing Code regarding the warranty and guaranty maintenance period that was recently changed from one-year to three -years, specifically expressing concern with the use of the word "maintenance". He was also concerned with the "20 -day call". The Ordinance adopted in March 2005, effective April 1st° should have had some exemption for projects at certain stages of completion. Commissioner Wheeler understood his concern with the term "maintenance" because it is to warrant against bad workmanship and material and not necessarily "maintenance". Discussion ensued. Attorney Collins felt it was a matter of symantics. He was reluctant to make modifications to something that never was a problem before. After a lengthy discussion he consented to striking the word "maintenance" in four locations of the agreement. He explained the 20 -day call is to establish a timeframe if they do not get any response from the developer. He explained the Ordinance did not have exemptions for "maintenance" security. He thought they should work that out as a settlement and compromise. ON MOTION by Commissioner Davis, SECONDED by Commissioner Neuberger, by a 5-0 vote, the Board authorized the County Attorney to strike the word "maintenance" from the Warranty, Guaranty and Maintenance Agreement. October 4, 2005 48