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PROJECT DESCRIPTION <br /> Condition number 8 of City Council resolution 11-420 currently states: <br /> "In order to allow for additional sunlight in the Perry residence, the applicants shall <br /> provide payment for the cost to purchase and install one skylight in the front room of <br /> the Perry residence. The amount of the payment shall be determined by the lowest of <br /> three bids obtained by the Perrys for the time and materials of a licensed contractor to <br /> complete the installation of the skylight. The funds shall be provided to Joe and <br /> TinaMarie Perry by Rodney and Trina Lopez within 30 calendar days of receiving all <br /> three bids. The cost shall not exceed $2,500.00." <br /> As noted on the application form filed to amend the condition (attached to this staff report <br /> as Exhibit B), the Lopezes propose the language for the condition state the following: <br /> "In order to allow for additional sunlight in the Perry residence, the applicants shall <br /> provide payment for the cost to purchase and install one skylight in the front room of <br /> the Perry residence. The amount of the payment shall be determined by the lowest of <br /> three bids obtained by the Perrys and presented to the Lopez's for the time and <br /> materials of a licensed contractor to complete the installation of the skylight. The funds <br /> from the applicants shall not exceed $2,500. The funds shall be paid directly to the <br /> licensed contractor upon completion of the installation or each phase pursuant to the <br /> contract. Completion of the skylight installation and payment of the funds shall be <br /> made no later than three months after the adoption of these conditions of approval." <br /> Payment Amount <br /> The condition as approved by City Council requires that the payment not exceed $2,500. <br /> The language requested by the Lopezes does not propose to change this amount. All <br /> three of the bids provided by the Perrys exceed $2,500 (the bids are for $3,745, $4,022.95, <br /> and $4,204.52) and thus the Perrys would be responsible for payment of the cost <br /> exceeding $2,500. <br /> Payment Recipient <br /> The condition as approved by City Council requires that payment be provided to the Perrys <br /> by the Lopezes. The Lopezes have expressed concern that the condition as written does <br /> not require the Perrys to use the funds to install a skylight and thus the funds could be used <br /> for something other than the intended purpose. Thus, the language as proposed by the <br /> Lopezes requires payment directly to the licensed contractor instead of to the Perrys, and <br /> only requires payment after the skylight is installed. <br /> Timing for Payment <br /> The condition as approved by City Council requires the Lopezes to provide payment within <br /> 30 calendar days of receiving all three bids. It does not include any language that limits the <br /> timeframe within which the Perrys could submit the bids. The language proposed by the <br /> Lopezes requires that: (1) payment be provided directly to the licensed contractor upon <br /> completion of the skylight installation or be phased according to the construction contract; <br /> and (2) that the installation of the skylight and payment of the funds must be made no later <br /> than three months after the adoption of the modified condition. The language as proposed <br /> Case No. PADR-2090, Lopez Planning Commission <br /> Page 4 of 6 <br />