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MINUTES <br />CITY COUNCIL <br />OCTOBER 22, 2003 <br />The foregoing resolution was duly seconded by LaValle. <br />Ayes (5) Blesener, LaValle, Montour, Fahey, Anderson. <br />Nays (0). Resolution declared adopted. <br />RIGHT OF The City Administrator presented the Council with a proposed Right of <br />ENTRY Entry Agreement with RAB, LLC for a project that Mr. Dick Biagini <br />AGREEMENT - is proposing along Country Drive. The Administrator indicated that <br />RAB, LLC the project involves the expansion of space for CI Title. Biagini is <br />proposing to construct 27,000 square feet of office space that will be <br />connected to the CI Title building via a skyway. The Administrator <br />indicated that this project will go a long ways toward resolving the TIF <br />guarantee issues that Mr. Biagini has with this particular property. <br />The Administrator reported that Mr. Biagini will be submitting his project <br />plans during the November cycle. However, the Right of Entry <br />Agreement will allow him to begin some site work such as removal of <br />building pad, installation of base and extension of utilities. It will also <br />allow the site to be used for parking for the CI Title building while the <br />new building is being constructed. <br />The Administrator noted that Mr. Biagini is in default under the current <br />Development Agreement. The Right of Entry Agreement does not waive <br />any of the City's rights with regard to the Development Agreement. <br />Mr. LaValle introduced the following resolution and moved its adoption: <br />12ESO7. UTION NO. 2003-I0-249 -APPROVING THE RIGHT OF <br />ENTRY AGREEMENT WITH RA13, LLC AS RECOMMENDED 73Y <br />THE CITYADMINIb'TRATOR b`U13.IEC'T TO REVIEWAND <br />APPROVAY 13Y THE CITYATTORNEYANDAUIHORIZING THE <br />MAYOR AND CITYADMINISTRATOR TO EXECUTE THE <br />AGREEMENT ON BEHALF OF THE CITY <br />The foregoing resolution was duly seconded by Montour. <br />Ayes (5) LaValle, Montour, Anderson, Blesener, Fahey. <br />Nays (0). Resolution declared adopted. <br />EXCAVATION The Council reviewed the Public Works Director's recommendation for <br />& FILL PERMIT- approval of an excavation and fill permit for the Country Side Terrace <br />COUNTRY SIDE Office Park Phase II proposed by Mr. Biagini, RAB, LLC. The City <br />TERRACE Administrator recommended approval subject to compliance with the <br />OFFICE recommendations of the Public Works Director as well as Mr. Biagini's <br />