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As the deadline approaches for the owners of higbee's Café to tear down the old building and get started on something new, the Sundance City Council has opted to send a letter reminding them of their responsibilities.
"The contract is up this month," said Brad Marchant, Mayor Pro-tem, at last week's meeting of the council.
The agreement in question was signed on July 19, 2021 after the council heard a request from the new owners, Darlene and Jason Coder. Due to complications met during the process of refurbishing, they informed the council that they had made the difficult decision to demolish the structure.
The goal, said Darlene, was to revitalize the lot and turn it into something "amazing" for the community.
However, because it was so difficult at that time to secure a contractor and the cost of building materials was high, it was unlikely the project could be completed that year.
On the basis that the council had agreed to a deal with the owner of the North Pole Meat Locker to dispose of the rubble free of charge as long as construction began on a new building within a set time, the council agreed to do the same for the Coders.
The council approved a motion to offer disposal for 35% of the city's going rate, on the condition that the Coders started construction within 18 months and reached completion in no more than three years.
If that condition was not met, the Coders would be asked to pay the full cost of disposal.
With the deadline coming up, commented Council Member Callie Hilty on Tuesday, "Obviously their city dump is going to go back to regular rates." However, she questioned what would now happen about the part of the contract requiring new construction as the building is currently being demolished, but seems unlikely to reach a state where new construction is possible by January 19.
As the Coders were not present at the meeting, Council Member Joe Wilson suggested that City Attorney Mark Hughes should draft a letter to the Coders to remind them of the deadline. At the request of Mayor Paul Brooks, who was also not present, he also proposed that the letter should ask the Coders to consider public safety while demolishing and keep the sidewalk clear for pedestrians.
Though regretful that the contract had not been successful, council members felt there was little else that could be done.
"I feel this council facilitates success for Sundance business, but they did not meet the requirements of the contract," stated Council Member Randy Stevenson.
Marchant pointed out that it is in the best interests of the council and community for demolition to be completed. The alternative, he said, is an abandoned building that could become a safety and fire hazard.