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Motion carried. Voting Yes: Mayor Gamec, Councihnembers Hendriksen, Zimmern~an, <br /> Anderson, and Connolly. Voting No: None. <br /> <br /> Mayor Gamec inquired if the sale of the land is a legal binding purchase agreement. <br /> <br /> City Attorney Goodrich replied that the agreement would be legally enforceable. <br /> <br />Mayor Gamec inquired if there was any timetable or earnest money ·involved with the purchase <br />of the land. <br /> <br />City Attorney Goodrich replied that there was a timetable, but he was unsure if there was any <br />earnest money. <br /> <br />Councihnember Zimmerman stated that there was no guarantee that the property would be <br />rezoned. <br /> <br />Mayor Garnec inquired if there was anything binding in the sale agreement to rezone the <br />property. <br /> <br />City Attorney Goodrich explained that one of the terms of the agreement was that the sale of the <br />property was contingent on getting the rezoning of the property and entering into a development <br />agreement. The Council is not contractually obligated to rezone the property. <br /> <br />Councihnember Anderson inquired as to what the legal implications would be of the City leading <br />ACCAP on, causing them to invest a lot of money on the development and then changing their <br />intentions. <br /> <br />City Attorney Goodrich replied that if ACCAP could prove that they acquired a personal stake in <br />the rezoning, then the City would be subjected to damages. <br /> <br />Councilmember Zimmen~nan stated that there is never a guarantee in developing land. <br /> <br />Councilmember Anderson replied that this situation is slightly different because the City has <br />been a party to this all along because they are selling the land. <br /> <br />Councilmember Zimmerman replied that they could build single family residential homes. <br />Councilmember Anderson replied that the City knew what their intentions were. <br />Councihnember Zimmerman stated that they could still develop the property as it is zoned today. <br /> <br />Motion by Councilmember Hendriksen, seconded by Councilmember Zimmerrnan, to adopt <br />Resolution #00-11-310 adopting Findings of Fact #0541, as amended, relating to a request to <br /> <br /> City Council/November 28, 2000 <br /> Page 13 of 21 <br /> <br />-107- <br /> <br /> <br />