07-10-91 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JULY 10, 1991 landscaping. The City Administrator reported that the Certificate of Occupancy will be withheld on Phase III until the landscaping is completed. Blesener asked the status of approvals for Phases II and III. Brueggemann replied that he has final approvals for both Phases II and III. Bob DeBace asked if there were penalty provisions included in the development agreements for violations of the provisions of the agreements. The City Administrator replied that there are default remedies built into the development agreements should the developer violate the provisions of the agreements. The City Attorney agreed that there were default provisions and remedies available to the City should the developer violate the terms of development agreements. However, the remedies available depend on the facts and the current stage of development. DeBace stated that it made no sense for the taxpayers of the City to pay for the Kandice Heights projects and then have the developer take tenants from other Little Canada buildings. DeBace reported that other building owners are paying their way. DeBace felt if the developer were violating the development agreement, action should be taken. DeBace felt it was the obligation of the City Council to protect other property owners in the City. The City Administrator reported that the non-solicitation clause is a part of the development agreements for Kandice xeights II and III. There are remedies set forth in the development agreements for violation of these clauses. DeBace pointed out that other building owners in the City are paying property taxes, while Mr. Brueggemann is not. The Administrator reported that it was not true that Mr. Brueggemann is not paying property taxes. In fact, Mr. Brueggemann may be paying higher property taxes because of the guaranteed minimum tax provision in the development agreements. Page 18