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Afton council votes to file liens to preserve claim on North Afton Business Park
Summary
The council authorized filing liens tied to a 2006 participation-withdrawal agreement that could preserve the Town’s right to $83,726.41; the action was taken before the agreement’s Dec. 29, 2016 deadline.
The Afton Town Council voted Dec. 13 to instruct the Town to file liens related to a participation-withdrawal agreement for the North Afton Business Park, preserving the Town’s claim to $83,726.41 under a Dec. 29, 2006 agreement.
Town Attorney Dale Cottam told the Council the last agreement on the matter obligates the other parties — including several named family trusts and successors — to pay $83,726.41 to the Town and grants the Town the right to file liens to preserve that claim. He said a lien will not guarantee payment but will preserve the Town’s contractual right within the legal window available.
Councilman Jason C. Inskeep moved to file the liens before the Dec. 29, 2016 deadline; Councilman Rick Merritt seconded and the motion carried. Mayor Joel Neuenschwander said he had been originally opposed but, after further research, voted in favor.
The Council instructed the Town Attorney to proceed with filing to protect the Town’s position. No timeline for collection or further legal steps was specified at the meeting.
