HomeMy WebLinkAboutCC RES 06-063 RESOLUTION REGARDING AMCON SAINT ANTHONY, LLC AND APPROVING A CERTIFICATE OF COMPLETION, ACKOWLEDGING LIQUIDATED DAMAGES AND APPROVING A DEED Meeting Sheet
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Box: 31
Folder: RES 2006
Document: CC RES 06-063 RESOLUTION REGARDING AMCON SAINT
ANTHONY, LLC AND APPROVING A CERTIFICATE OF COMPLETION,
ACKOWLEDGING LIQUIDATED DAMAGES AND APPROVING A DEED
CITY OF ST. ANTHONY
• RESOLUTION 06-063
A RESOLUTION REGARDING AMCON SAINT ANTHONY, LLC AND APPROVING A
CERTIFICATE OF COMPLETION,ACKNOWLEDGING LIQUIDATED DAMAGES AND
APPROVING A DEED
WHEREAS, the City of St. Anthony entered into a development agreement, dated November
3, 2003 (as subsequently amended, the "Development Agreement"), with Amcon
St. Anthony, LLC ("Amcon") pursuant to which Amcon became obligated to
develop certain property in the City; and
WHEREAS, the City and Amcon entered into a First Amendment to Development Agreement
in September 2005 concerning Amcon's development obligation and the
requirement that Amcon receive a certificate of occupancy by June 1, 2006 for
the restaurant depicted in the Development Agreement; and
WHEREAS, the City and Amcon entered into a Second Amendment to Development
Agreement dated May 26, 2006 ("Second Amendment") extending the June 1,
2006 deadline to July 5, 2006; and
WHEREAS, the Second Amendment confirmed that in the event Amcon failed to cause a
certificate of occupancy to be issued for the restaurant on or before July 5, 2006,
the restaurant parcel automatically reverted to the City, unless the City, in its sole
discretion, elected in a recorded writing to temporarily waive such reversionary
• right, in which case Amcon is to pay liquidated damages to the City of$1,000 per
calendar day commencing July 6, 2006, until the certificate of occupancy is
issued or until the City elects to exercise its reversionary; and
WHEREAS, Amcon received a certificate of occupancy on July 7, 2006, two days past the
deadline.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby:
1. Waives its reversionary right to the restaurant parcel, and will record an
appropriate writing to that effect, upon receipt from Amcon St. Anthony, LLC of
liquidated damages in the amount of$2000; and
2. Authorizes execution of the Certificate of Completion and Deed substantially
in the form attached to this Resolution
.Adopted this 25th day of July, 2006.
Mayor
ATTEST: bWX"W(
City Clerk
• Review for Administration:
City Manager