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“Hello Stephen and James: I confirmed with our Building Official <br />that a building permit would not be required for the new fence <br />installation atop a shortened (<3-foot high) CMU base if the new <br />wall/fence combination remains under 7 feet in height. As we <br />discussed, the existing demolition permit will need to be <br />amended/revised to include the shortening of the wall. Finally, <br />when you resubmit, please show a drawing that demonstrates the <br />vision triangle and provide documentation from Public Works on <br />the gate relocation. Thanks again for moving this forward. <br />Sincerely, Jeff Schwob, Community Development Director” <br />Exhibit YY — Christian Craig admission of internal <br />repudiation <br />May 1, 2025 — Engineering staff confirms the Schwob agreement was <br />walked back inside the City in January 2025 <br />Issue. This is Engineering Assistant Christian Craig’s email response to a <br />Stephen Burns email asking the City to honor the July 22, 2024 Schwob <br />agreement. In a single line, Mr. Craig admits in writing that the City had <br />internally walked back the Schwob agreement five months earlier — in <br />January 2025 — without telling Respondents. <br />Significance. This is the smoking gun on the third reneged agreement. The <br />exact line: “Public Works has asked that the original access be restored so <br />that is the instruction that should be followed. I reaffirmed this with Jeff <br />in January when the resubmission was received.” Translation: when <br />Respondents resubmitted plans in January 2025 in good-faith reliance on <br />Mr. Schwob’s July 22 / October 25 agreement, the City had already <br />privately decided to repudiate that agreement. Respondents continued <br />paying for plan revisions, surveys, and engineering for an additional four <br />months without notice that the City no longer recognized the agreement. <br />The City did not communicate the repudiation to Respondents until <br />6.A. - Page 53 of 64 <br />55