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125 <br />13. Reports of the City Attorney <br /> <br />Item 13a <br />Status Report on Construction of Golden Eaqle Public Improvements <br />and Authorization to Allow Buildinq Permits to be Issued. <br />(SR91:471) <br /> <br /> Ms. Katherine Pittenger, 492 McDuff Avenue, Fremont, and <br />members of the Golden Eagle West Property Owners Group addressed <br />Council. She asked for expediency in that many of those in the <br />group, have sold homes in anticipation of building in Golden Eagle <br />Farms and cannot afford to wait for a full resolution of the <br />problems of this development. The key to getting this subdivision <br />moving is to release building' permits. She asked that Council <br />consider issuing the building permits with the understanding that <br />occupancy will be predicated on conditions set by the City. They <br />are willing to accept the risks. <br /> <br /> Mayor Mercer expressed his concern over the reforestation <br />issue. <br /> <br /> Mr. Roush replied that $150,000 out of the first sales will go <br />toward the reforestation. <br /> <br /> Ms. Scribner asked if anyone purchasing a lot from this point <br />on would be advised that they could get permits. <br /> <br /> Mr. Roush indicated if someone purchased a lot, in order to <br />get construction financing, that person's lender is going to want <br />to know if the person can get a building permit. <br /> <br /> Mayor Mercer asked Mr. Roush if the past contractors, who were <br />owed money are going to be paid and if the City works with the <br />developer to determine who is going to finish the work. <br /> <br /> Mr. Roush responded yes. The developer has submitted a <br />reorganization plan to the bankruptcy court which sets fourth the <br />timing when those contractors will be paid. As lots are sold, <br />prior creditors will be paid. The City will be reviewing any <br />future payments that the developer intends to pay and will be <br />verifying invoices to be sure, the work has been completed before <br />payment. <br /> <br /> It was moved by Mr. Tarver, and seconded by Ms. Mohr, to <br />authorize building permits to be issued, subject to (1) a written <br />agreement by the property owners that they will not occupy their <br />residences until the public improvements are in a position to be <br />accepted, (2) a written agreement by any property owner who wants <br />a building permit, as well as by the developer, that they will not <br />protest the formation of an assessment district to construct the <br />public improvements should that become necessary, and (3) a written <br /> <br />11/19/91 <br /> 17 <br /> <br /> <br />