On reading the latest proposed Nelson Meadow addendum, I am trying to figure out specifically what provisions of the municipal code, the original subdivision improvement agreement, and the latest draft addendum apply to Phase I public improvements. This is not easy for the layman to understand.

As an aid, I compiled the attached table comparing provisions.

Specifically I would like to understand, what can the Village do if the Phase I public improvements are not completed in 18 months, and when can the Village do it?

In the absence of a clear specific provision, the current addendum language could be mis-read to mean that nothing will happen until five years have passed. The sole remedy in the addendum states:

"If the Developer does not complete all the Public Improvements within five (5) years from the date of execution of the Addendum, the Village Council shall review the issue and determine the next course of action, which may include drawing upon the letter of credit, granting an extension, or any other action deemed appropriate by the Village Council."

What if the project fails in the first 18 months and the Village is left with a half-completed detention pond, both a hazardous condition and a neighborhood eyesore? This is one of many distinct possibilities, given the economic circumstances and recent examples elsewhere.

Please ensure that the Village documents clearly for the public what the Village can do if the Phase I public improvements are not completed in 18 months, and when can the Village do it?

May I suggest a possible clarification, by adding this second sentence:

"If the Developer does not complete all the Phase 1 Public Improvements within eighteen (18) months from the date the first permit is issued for Phase I, the provisions of Municipal Code Chapter 20, Subdivision Ordinance, shall apply."

Thus the entire paragraph would read:

"The Developer shall cause the Phase I of the Public Improvements to be completed eighteen (18) months from the date the first permit is issued for Phase I and the Public Improvements for Phase II shall be completed five (5) years from date of execution of the Addendum. If the Developer does not complete all the Phase I Public Improvements within eighteen (18) months from the date the first permit is issued for Phase I, the provisions of Municipal Code Chapter 20, Subdivision Ordinance shall apply. If the Developer does not complete all the Public Improvements within five (5) years from the date of execution of the Addendum, the Village Council shall review the issue and determine the next course of action, which may include drawing upon the letter of credit, granting an extension, or any other action deemed appropriate by the Village Council."

Without such a clarifying addition I am concerned that the Village may be left with inadequate remedies (or a dispute about what the remedies are), and the neighborhood will suffer extended harm.

Thank you for considering and rectifying this omission in the draft addendum.