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2022-10-12 CC Packet
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2022-10-12 CC Packet
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CITY OF CENTERVILLE <br />REQUEST FOR <br />COUNCIL ACTION <br />Centerviffe <br />Agenda Item # <br />Department: <br />Requested Council Meeting Date: <br />IX3 <br />City Attorney <br />October 12, 2022 <br />TITLE OF ISSUE: <br />Rehbein Commercial - Waiver of Service of Summons <br />BACKGROUND AND SUPPLEMENTAL INFORMATION: <br />Please authorize Staff to accept service of legal process and voluntarily default in a legal action brought by <br />R&R Leasing (aka Rehbein). Rehbein is correcting legal issues with lots at the corner of 21st and Main. They <br />must use a legal action to register a lot as Torrens property. The City spotted this problem and required Rehbein <br />to use this legal action as a condition of their Development Agreement with the City. This legal action will <br />allow Rehbein to combine lots. Ultimately, these lot combinations will facilitate future development of the site. <br />City Attorney has examined the title to this property and confirmed that the City does not have any issue or <br />objection to this action by Rehbein. In order to save money for all parties, it is best if the City voluntarily <br />defaults by not answering this lawsuit. This course of action is agreeable to legal counsel for Rehbein. <br />COST AND SOURCE(S) OF FUNDING: <br />Rehbein to pay any costs through their escrow held by the City. <br />REQUESTED COUNCIL ACTION: <br />Council to authorize Staff to execute the attached Waiver of Service of Summons from Rehbein and then City <br />to voluntarily default by not replying to this legal action. <br />For Clerk's Use: <br />SUPPORTED DOCUMENTS ATTACHED <br />Motion By: <br />Resolution Ordinance Contract Minutes Plan Map <br />Second By: <br />Vote Record: Ave Nay <br />Love <br />Koski <br />Lakso <br />King <br />Other (specify) <br />Waiver of Services of Summons <br />Mosher <br />Administration Department Use: <br />Consent <br />Refer to: <br />Regular <br />Tabled Until: <br />Other: <br />
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