City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Will Barrera,
MEETING DATE: August 19, 2025
ITEM NO: 6.4
SUBJECT: Approve Amended 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 Amended 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
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.
Attached for review and approval is the Deferred Improvement Agreement signed by the developer. Please note that this item was previously brought to Council for approval on 7/15/25.
However, the agreement attached was the Landscape and SCMs Access Agreement and not the Deferred Improvement Agreement. Attached is the correct agreement and amended resolution previously approved by Council (Resolution No. 2025-48).
ANALYSIS
All costs associated with this item are paid by the property owner.
FISCAL IMPACT
All costs associated with this item are paid by the property owner.
ATTACHMENTS
Cost Estimate for Deferred Improvements
Attachment A: City Council Amended Resolution 2025-48, Authorize Oak Harbor Freight Lines Deferred Improvement Agreement
Attachment B: Oak Harbor Freight Lines Deferred Improvement Agreement