City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: July 15, 2025
ITEM NO: 6.9
SUBJECT: Approve Resolution No. 2025-48 Approving a Deferred Improvement Agreement with Dan Vander Pol of MDHE Enterprises, LLC; Authorizing the City Manager to Execute the Agreement; and Authorizing the City Clerk to Record the Deferred Improvement Agreement.
RECOMMENDATION
Motion to Approve Resolution No. 2025-48 Approving a Deferred Improvement Agreement with Dan Vander Pol of MDHE Enterprises, LLC; Authorizing the City Manager to Execute the Agreement; and Authorizing the City Clerk to Record the Deferred Improvement Agreement.
BACKGROUND
The City of Patterson's Public Works, Community Development and Engineering Departments are responsible for making sure that developers install all private and public improvements according to a projects Conditions of Approval, approved project plans and specifications, and adopted City standards.
MDHE Enterprises, LLC, the owner of Parcel Number 021-093-012 and developer of Oak Harbor Freight Lines at 275 S. Rogers Road, requests City approval to defer certain improvements required under the project’s Conditions of Approval (Exhibit A). These conditions currently require the installation of decorative landscaping and fencing along the S. Rogers Road frontage.
As development along S. Rogers Road has not extended south of the project site, the Community Development Department has reviewed the requirements and will allow the temporary installation of chain link fencing with no landscaping. This deferral will remain in effect until future development occurs in the area, or within two years of the execution of this agreement, whichever comes first.
To formalize the deferral, a Deferred Improvement Agreement must be approved by the City Council. This agreement permits the City to draw on posted security if the developer fails to complete the required improvements in the future.
ANALYSIS
Attached for the Council’s review and approval is the “Deferred Improvement Agreement,” which allows for deferred installation of decorative landscaping and permanent fencing. As part of this agreement, the developer will be required to submit construction documents to the City for review and approval. These documents must include detailed landscaping plans and descriptions of the proposed fence materials for review and approval. Once executed and recorded, the agreement will remain in effect and binding on the property, regardless of any future change in ownership.
FISCAL IMPACT
All costs associated with this item are paid by the property owner.
ATTACHMENTS
Attachment A: City Council Resolution No. 2025-48, Authorize Oak Harbor Freight Lines Deferred Improvement Agreement.
Attachment B: Oak Harbor Freight Lines Deferred Improvement Agreement