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2005-194 Resolution 2005 - 194 A Resolution Approving an Assignment, Assumption, Approval, and Release Agreement which Authorizes the Sale of the Centerway Burger King to CNL Net Lease Funding 2003, LLC WHEREAS, the City entered into a TIF Development Agreement with Steven D. Williams and Image Restaurants, Inc., dated June 13, 1995 (hereinafter "TIF Agreement"); and WHEREAS, the City entered into an Assignment, Assumption, Approval, and Release Agreement with Nath Property Company Limited Partnership dated January 2, 1997 (hereinafter "Nath Assignment Agreement"); and WHEREAS, Section IV.C. of said TIF Agreement prohibits the sale of the Burger King located at 400 W. Centerway (hereinafter "Property") without the written approval of the City, which approval shall not be unreasonably withheld; and' WHEREAS, Nath Property Company Limited Partnership has requested the City's approval of a proposed sale of the Property to CNL Net Lease Funding 2003, LLP (hereinafter "CNL, LLP"); and WHEREAS, the parties to the sale have proposed an Assignment, Assumption, Approval, and Release Agreement (hereinafter "CNL Assignment Agreement"), a copy of which is attached and incorporated herein as if fully set forth; and WHEREAS, under the terms of the CNL Assignment Agreement, CNL, LLP agrees to assume the minimum property value and minimum property tax payment guarantees according to Section IV.B.6. of the TIF Agreement which will ensure that future guaranteed TIF property tax revenues will accrue to the City to pay for City TIF development costs according to the terms of the TIF Agreement; and WHEREAS, the Common Council of the City of Janesville does hereby find the proposed CNL Assignment Agreement to be in the best interest of the citizens of the community and in the best interests of the City of Janesville; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville, that it hereby approves the sale of the Centerway Burger King (Property) to CNL Net Lease Funding 2003, LLC and authorizes the City Manager to execute, on behalf of the City, the attached CNL Assignment Agreement; and BE IT FURTHER RESOLVED, by the Common Council that the City Manager and his designees, are hereby authorized to negotiate, draft, prepare, execute, file, and modify such other documents, papers, and agreements ancillary and/or pertaining thereto, and from time to time to take and/or make whatever other minor actions and/or modifications to the above described Agreements as the City Manager and/or his designees may deem necessary and/or desirable to effectuate the purposes of such Agreements and the intent of this resolution. Resolution 2005 - 194 Page 2 ADOPTED: July 11, 2005 D: c ATTEST: APPjJ¡m::M: ~h~ , City Attorney Proposed by: City Manager Prepared by: Economic Development Director <7-7-0<' Motion by: Williams Second by: DeGarmo Council member Aye Nay Pass Absent Brunner X Brien X Williams X Wellnitz, Tim X Wellnitz, Tom X DeGarmo X Addie X