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167 Mr. MacDonald reviewed the various modifications to the agreement. After dis- cussion, Council made the following policy'changes in the Development Deferment Agreemenu: ' It was moved by Councilmember Brandes, and seconded by Councilmember Wood, that sewer permits on Parcel C should be calculated at 280 gallons per day of sewer capa- city if the property develops in industrial or commercial uses. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Wood, and Mayor Butler NOES: Councilmember Mohr ABSENT: None It was moved by Mayor Butler, and seconded by Councilmember Mercer, that the property sewer permits are transferable between Parcel C and Parcels A and B in accordance with the following: "That the Property Sewer Permits are transferable to a purchaser of all or a portion of the Property. The Property Sewer Permits are also transferable to Parcel C at anytime, provided that such transfer shall not prevent the expiration of such permits in accordance with the schedules set forth in this Agreement. Sewer Permits may also be transferred from Parcel C to Property, but only under the following conditions; i. No Property Sewer Permits have been previously transferred, or will ever be transferred from Property to Parcel C, ii. The three year time limit for expiration of the Parcel C Permits shall begin immediately upon such transfer, iii. City shall be immediately notified of any such transfer, iv. Any such transfer shall be in accordance with the terms of the 1972 Settlement Agreement, v.Such transfer shall not be permitted unless Parcel C has been rezoned for commercial or industrial uses." The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None It was moved by Mayor Butler, and seconded by Councilmember Brandes, that the City Attorney draft appropriate language eliminating the hold harmless and indemnify clause but including protection for the city from liability. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None After further discussion between Council and Mr. Burkhardt, it was agreed to continue this item to the meeting of October 11, 1983, to consider further the final draft of the Development Deferment Agreement as well as the Mitigation Measures Agreement with Mozart Development Company and Stoneson Development Corporation. COMMUNICATIONS There were no Communications presented at this meeting. CITY COUNCIL CALENDAR Mr. Walker presented 'the City Council Calendar for the information of the Council. 11. 9/2?/83