07-25-01 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTI';S CITY COUNCIL JULY 25, 2001 BIAGINI The City Administrator reviewed the letter received late this afternoon DEVELOPMENT from Dicl< Biagini's attorney informing the City that Mr. Bimini does AGREEM>NT not intend Co execute the development agreement as revised. The City Administrator noted that the revisions to the development agreement were agreed to by Mr. 13iagini at a meeting that occurred on July 16°'. The Administrator repotted that he was led to believe that Mr. Biagini would execute the agreement and the letter is a surprise. Fahey noted that at the last meeting the Council authorized the termination of the existing development agreement with Mr. Biagini, and the City Attorney was authorized to proceed with civil action terminating Mr. Biagini's rights iu the property. The Administrator reported that the notice of tenmination was served on Mr. Biagini last week The City Attorney, however, has not commenced action since it appeared that the development agreement amendment would be worked out with Mr. Biagini. The City Administrator reported that there is another developer interested in the property, and it would be his goal to work out a development agreement with that party prior to August 1". Once this development agreement is worked out, the developer would still have to go Chrough the appropriate zoning approvals. The City Administrator noted that the July 25'x' letter sent by Mr. Biagini's attorney does not make a counter proposal, but is an objection to the terns of the development agreement amendment The letter indicates that Mr. Biagini is interested in proceeding with negotiations to terminate his interest in the site. The City Administrator pointed out that while Mr. Biagini has made some site improvements, the City has also expended significant time and money in negotiating a development agreement amendment. Fahey commented on the amount of time that the City spent on this matter and pointed out the August ls' deadline for a development agreement given recent TIP legislation. Fahey suggested that if the City is unable to secure a development agreement with another developer thus losing some of its Mr. Fahey introduced the following resolution and moved its adoption: RE.SOI. UT7ON NO. 2(107-7-I GO -ACKNOWLEDGING RECEIPT OF THE .IULY 25, 2001 LETTER FROM MR. 131AGINI'b' ATTORNEY RELATIVE TO H1S INTENT NOT TO EA'ECUTE A DEVELOPMENT AGREEMENT AMENDMENT AND RE.IECTING 277E COUNTER PROPOSAL MADE IN THAT LETTER AS WEI 1. AS A UTHOR/ZINC; THE CITY ADMINISTRATOR TO PROCEED WITH NEGOTIATIONS FOR A