SUBJECT: Consent Agenda
Title
A Resolution of the Town Council of the Town of Erie Approving a Consent to Assignment of a Development Agreement from Clayton Properties Group to TH Erie Highlands, LLC
Body
DEPARTMENT: Planning and Development
PRESENTER: Harry Brennan, Senior Planner
POLICY ISSUES:
N/A.
STAFF RECOMMENDATION:
Recommendation
Approve the Consent to Assignment of the Development Agreement.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Town Council approved the Erie Highlands Filing 18 Final Plat and Development Agreement on Feb. 25, 2025.
The Development Agreement (DA) includes standard Town of Erie requirements to develop the site as well as exhibits outlining phasing and cost estimates for the public improvements the developer will install. These improvements include streets, sidewalks, right-of-way landscaping and irrigation, utilities, and private improvements with public importance. The Development Agreement reflects provisions negotiated by Town staff with the Town Attorney’s counsel and the original property owner, Clayton Properties Group.
Clayton Properties Group desires to partner with Trumark Homes (TH Erie Highlands, LLC) to develop the project in accordance with the approved Final Plat, Development Agreement, and Site Plan. By assigning the Development Agreement to Trumark Homes, Trumark accepts all responsibilities and obligations in the Agreement, including construction of public and private improvements, payments of fees, and all conditions of the Agreement.
Site History and Prior Approvals
The Town Council approved the Final Plat and Development Agreement for this project on Feb. 25, 2025.
Action Items
The Town Council is the approval body to allow Assignment of the DA.
COUNCIL PRIORITY(S) ADRESSED:
ü Prosperous Economy
ü Fiscally Responsible
ü Attractive Community Amenities
ü Engaged and Diverse Community
ü Well-Maintained Transportation Infrastructure
ü Safe and Healthy Community
ATTACHMENTS:
1. Resolution 25-052
2. Consent to Assignment
3. Assignment and Assumption Agreement
4. Development Agreement