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HomeMy WebLinkAboutCC RES 05-069 RESOLUTION AMENDING TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND AMCON, LLC Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 104347 Box: 31 Folder: RES 2005 Document: CC RES 05-069 RESOLUTION AMENDING TO DEVELOPMENT AGREEMENT BETWEEN THE CIN OF ST. ANTHONY AND AMCON, LLC • CITY OF ST. ANTHONY RESOLUTION 05-069 AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF ST. ANTHONY AND AMCON, LLC. WHEREAS, the City Council and Amcon St. Anthony, LLC ("Amcon'� entered into a Development Agreement dated November 3, 2003, for the area known as St. Anthony Marketplace (the "Development Agreement'; and WHEREAS, the Development Agreement obligated Amcon to construct a 6000 square foot restaurant on a particular out lot with a lease commencement date not later than September 1, 2004; and WHEREAS, in June 2005, Amcon requested an amendment to the Development Agreement changing and reducing the 6000 square foot restaurant on the out lot to a 4500 square foot retail center, and a payment of $150,000 in lieu of lost future property tax revenue, which request was denied by the City Council; and ® WHEREAS, on August 16, 2005, Amcon presented the planning commission a plan with a 4500 square foot restaurant on the out lot instead of the proposed 6000 square foot restaurant; and WHEREAS, construction of the restaurant is proposed to commence late summer/ early fall 2005; and WHEREAS, the developer will compensate the City of St. Anthony $50,000 upon execution of the amendment of the developers agreement; and WHEREAS, the building is to be completed and have a certificate of occupancy by June 1, 2006, or the city has recapture rights of the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of St. Anthony to approve the amendment to the Development Agreement with Amcon to allow for a 4500 square restaurant on the out lot • Adopted this 23"d day of Aucjust, 2005. Mayor ATTEST: City Clerk Review for Administration: Ci y Manager • •