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566 0 <br /> October 23,1991 <br /> Roll was <br /> called on the c councilmen <br /> consent agenda items with all c ncilmen <br /> voting yes except Councilman Overstreet who was excused. <br /> Motion carried. <br /> AGREEMENT-COMMUNITY THEATER <br /> Bruce Jones, City Attorney, indicated that he had passed out a <br /> solution which would authorize the execution of the <br /> resolution struction contract trust agreement and the oct 22 1991 <br /> agreem o, clatheicetse oP tM1s tract, thh ses in and <br /> agreement, and the lease and revised lease for the design and <br /> tr=r i o4 the Everett Community TM1eate r. He eguestto <br /> Pret n Thor give him authority that Ellis <br /> allow hany elf o <br /> Preston whichtinson nottllch Gates M Ellis make any minor he <br /> changes which would notchange the substantive effect on and <br /> financing. Since July ninepg ethe construction and <br /> financing process has been taking place. He told Council that <br /> Colby Square Partners had requested some clarifications ns oto <br /> understandings the general ct nettithe relating <br /> clarifications off the s, 1) that of the project. and <br /> clarifications a follows, 1) that the City will be bound <br /> by let construction, ec manager's manager <br /> determination of substantial !'1 <br /> completion,and the construction 2) m sager s authorized to accept \ ' <br /> the ark it proceeds; 2) the. lease controls a the <br /> agreement 3) the proposal submitted by Colby oveSquare <br /> r <br /> Partners will and; <br /> Jones then <br /> to Colby outlined <br /> farmers, a Limited <br /> the <br /> Partnership. Mr. Jones then DxiePly outlined the status of the <br /> negotiations on the lease revisions. The tithe's redraft of and <br /> lease defines Dlass and specifications as the final plans and <br /> specifications, as <br /> prepared by the developer's architect and <br /> approved by our architect as dee controlling document. <br /> Colby <br /> Square and the bank have added a asthat requires the <br /> City to pay all charges assessed against <br /> t tie leased premises <br /> grant the covenants, conditionsxcsvandsCts over ons: Cosby Square <br /> grants all o nonexclusive a the <br /> owners within ic theblockshall a be a utilities <br /> sfor erving <br /> ngosis area; <br /> utility maintenance of ut Sl sea ruing their 0 <br /> building;a services <br /> sed their ildinable share a common <br /> maintenance ownersshall <br /> based building of each building <br /> parking Scy total of all building areas,and a new provision fox <br /> parking. <br /> 0 <br />