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City Council Regular Meeting Minutes May 23, 2006 Page 11 2 Councilmember Thuesen recommended that the penalties be laid out in the event of a fourth 3 request. 4 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to grant an extension to July 1, 2006 with $100 per day to the Sports Boosters and a $1000 per day penalty until it is finished, 9 Councilmember Horst asked for clarification as to who $1000 per day is from. City Attorney 10 Lindgren stated this would require a second amendment between the City and Amcon. Amcon 11 would have to agree to this. 12 13 Councilmember Horst indicated this gives Amcon a basis to fight this. In the meantime, he 14 believes the completion of the project will probably happen in the next 30 days. The plumbing 15 permit caused the delay. Mr. Peterson is not trying to wiggle out of his contract. 16 17 Mr. Foster indicated he has had numerous conversations with Amcon St. Anthony, the owner of 18 the property. He has the authority to accept the motion as given. 19 20 City Attorney Lindgren stated 30 days is a Saturday and July 40' is a holiday and suggested 21 making it July 5, so this must be the stated date. 22 23 Councilmember Horst told the Council members that the Sports Booster donation is not the 24 concern of the City and should not be part of the motion. This is a voluntary donation, but the 25 City should not obligate them to do so. 26 27 Councilmember Gray stated the donation was only an acknowledgement. 28 29 Mayor Faust said the $100 per day donation to the Sports Booster was made in good faith. He 30 stated $100 per day to the Sports Booster and $1,000 per day if the certificate of occupancy is 31 not granted by July 5 are the only penalties placed in the agreement if they do not complete. 32 33 Councilmember Stille ask what happens if the restaurant does not get finished. 34 35 City Attorney Lindgren asked if the $1000 per day penalty is in lieu of or on top of the reversion, 36 or does it make the reversion come at later period of time. 37 38 Councilmember Horst indicated this was not well thought out and recommended the Council go 39 back to his motion. He noted that everything in the developer's agreement is still in force. He 40 believes the project will be completed in the 30 days and if not the Council can relook at the 41 penalties available. 42 43 City Attorney Lindgren reiterated that if this is tabled, it takes it past the 30 day extension. He 44 suggested the Council adopt a motion tonight that asks for new conditions; Amcon will have to 45 agree. If Ameon chooses not to agree, the City still has the first amendment and the property 46 reverts back to the City. One alternative is that as of July 6, the property reverts as authorized by