Evansville Observer: Will Evansville Honor Developer agreements previously negotiated? Mr. Berg asks. Listen for the answer.

Friday, June 30, 2006

Will Evansville Honor Developer agreements previously negotiated? Mr. Berg asks. Listen for the answer.

this is an audio post - click to play

2 comments:

Anonymous5:00 PM
i am having a really hard time hearing this clearly there seems to be a lot of static on this.
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The Evansville Observer11:52 AM
I apologize for the static. I was far away from the speakers.

Mr. Berg asked a simple question. He did not get an answer. The city planner seemed to suggest that since "cities do land planning differently," and "allowing the market to work" and "having this type of housing in the toolbox" was important that the "restraint" of the plan of Evansville worked out in the developers agreement was really "restraint of trade." He did not use that term however.

We have never previously considered what would happen if the city walked away or breached its developer agreements made previously---and what a developer might do to respond. There are considerable infrastructure investments these developers have obligated themselves to----any breach of these investments could be very bad.

Thank goodness we have some legal talent on our alder staff and can review "mutuality of obligation" and "mutuality of remedy" as it pertains to developers agreements. The Observer is all ears.
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