Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 12, 2005
The city council of the city of Grand Forks, North Dakota met in special session in the council chambers in City Hall on Monday, December 12, 2005 at the hour of 10:25 p.m. following the committee of the whole meeting with Mayor Brown presiding. Present at roll call were Council Members Brooks, Glassheim, Gershman, Christensen, Kreun - 5; absent: Council Members Hamerlik, Kerian - 2
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
APPROVE AMENDMENT TO CANAD LEASE
The staff report from R. Duquette, Mayor's Office, for Canad Inns relating to amendment to the Canad lease, with recommendation subject to the approval of the city attorney amend the Canad lease agreement by deleing references to the Cinema Complex and substitute in its place the term Destination Amenity.
Council Member Gershman inquired whether he should be recused from the vote on this matter since he sits on the Board of Alerus Financial, which is one of the financial institutions involved in the Canad project. Howard Swanson, city attorney, stated that he should.
It was moved by Council Member Brooks and seconded by Council Member Glassheim to recuse Council Member Gershman from voting on this matter. Carried 4 votes affirmative.
It was moved by Council Member Christensen to approve the recommendation and to modify the tri-party agreement to include paragraph 9 as follows:
In connection with a certain Amended and Restated Lease Agreement, a certain Amended and Restated Marketing Agreement and a certain Amended and Restated Exclusivity Agreement each made effective the 12th day of April, 2004 and each being between City of Grand Forks and Canad Inns - Alerus Center, the following amendments shall be made thereto:
1. All references to the term "Cinema Complex" shall be deleted and the term "Destination Amenity"
shall be substituted therefor.
2. The definition of "Destination Amenity" shall be deleted and the following definition shall be
substituted therefore: "Destination Amenity" means the approximate 40,000 square foot complex that
the Tenant will use its best efforts, with the approval of the Landlord, to construct and develop or
cause to be constructed and developed immediately to the north of the Aquatic Center as shown on
Schedule "B" hereto and includes: (i) all physical alterations, expansions, additions, improvements
and replacements to the Destination Amenity from time to time; and (ii) all fixtures and leasehold
improvements affixed thereto."
3. That the definition of "Completion Date" in the Amended and Restated Lease shall be amended by
deleting therefrom sub-section (ii) thereof.
The motion was seconded by Council Member Kreun. Upon call for the question and upon voice vote the following voted "aye": Council Members Brooks, Glassheim, Christensen, Kreun - 4; voting "nay": none; Council Member Gershman excused from voting.
ADJOURN
It was moved by Council Member Christensen and seconded by Council Member Brooks that we adjourn. Carried 5 votes affirmative.
Respectfully submitted,
Saroj Jerath
Deputy City Auditor
Approved:
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Michael R. Brown, Mayor