Consideration and possible rescission of acceptance of unsolicited offer to purchase land by Dagrow Truss - Action
 
Summary Minutes
Mesquite, Nevada City Council Meeting
 
Minutes of a scheduled meeting of the City Council held on Tuesday, September 26, 2006 at 4:00 PM at City Hall. In attendance were Mayor Bill Nicholes, City Councilmembers Robert "Bubba" Smith, David Bennett, Donna Fairchild, Bill Wells, and Susan Holecheck. Also in attendance were City Manager Tim Hacker, City Attorney Christi Kindel, City Engineer Allen Bell, Planning and Redevelopment Division Manager Catherine Lorbeer, other City staff and approximately 75 citizens.

Mayor Nicholes called the meeting to order at 4:00 p.m. (NOTE: This meeting has been tape-recorded and will remain on file in the office of the City Clerk for four years for public examination.)

[6:54 PM]

Minutes: Christi Kindel noted Dagrow Truss was last before the Council June 13th. She noted at that time they were seeking to get the no flip clause out of the contract. Mrs. Kindel advised Tim and Allen met with representatives from Dagrow and a month went by with no contact from Dagrow. Staff feels because of the late date, and little change in Dagrow's postion, that it would be brought before the Council. She noted Dagrow has paid $29,906.00 and have $790.79 in late fees. She further noted they owe $16,500 in late fees on the lease property. Brian Olson, attorney for Dagrow, said they have appeared on a number of occasions on this issue. He said he advised his client to initiate litigation on this and they chose to meet with staff and try and discuss this issue. He said it remains their position that they have an enforceable contract and they've used their best efforts to comply. Christi Kindel said staff asked them to provide a letter from a bank that they could not get the financing and they have not provided such a letter. They did show a letter from a private investor and we were not allowed a copy of the letter.

Councilmember Susan Holecheck made a motion to rescind acceptance of the unsolicited offer to purchase land by Dagrow and to return the earnest money and any monies paid towards purchase excepting late fees and penalties, seconded by Councilmember Donna Fairchild.

Passed For: 5; Against: 0; Abstain: 0; Absent: 0
 
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Tuesday, September 26, 2006 - Regular Meeting 4:00 P.M.
 
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