HomeMy WebLinkAboutResolution No. 2007-106 Terminating Developers Agreements & Easements -- Haugland Properties 500 France Ave RESOLUTION NO. 2007-108
w91 �A11� A RESOLUTION APPROVING
ow < ; 7� TERMINATION OF DEVELOPER'S AGREEMENT
AND
ay RELEASES OF EASEMENTS FOR
,.� 5000 FRANCE COMPANY
Gly of rkiifla
WHEREAS, the City of Edina (the "City") entered into that certain Developer's Agreement
dated September 20, 2005, recorded September 23, 2005, as Document No. 8659950 in the office of
the County Recorder in and for Hennepin County, Minnesota (the "Developer's Agreement") by and
among the City, the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA"), and
5000 France Company (the "Company") with respect to the property (the "Property") to be developed
by the Company at the southwest corner of 50th and France in Edina, which Property is more
specifically described in the Developer's Agreement;
WHEREAS, in connection with the aforementioned development of the Property, the City and
the HRA conveyed certain property to the Company by virtue of quit claim deeds (the "Deeds") and
also reserved certain easements in favor of the City and the HRA in the Deeds;
WHEREAS, the Company has substantially completed its development of the Property and
has requested that the City and the HRA terminate the Developer's Agreement and release the
easements reserved in the Deeds; and
WHEREAS, the City has heretofore executed and delivered that certain Termination of
Developer's Agreement and that certain Release of Easements in the forms attached hereto in
exchange for performance by the Company of certain obligations.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
Minnesota, that the Mayor and City Manager of the City are authorized, for and on behalf and in the
name of the City to execute and deliver the Termination of Developer's Agreement and the Release of
Easements attached hereto;
FURTHER RESOLVED, that the Mayor and City Manager are hereby authorized, for and on behalf
and in the name of the City to do, perform and carry out any and all further acts which they shall
determine to be necessary, appropriate or desirable in order to carry out the intent and purposes of
the foregoing resolution; and
FURTHER RESOLVED, that any and all actions heretofore taken or caused to be taken by the Mayor
and the City Manager consistent with the tenor and purpose of the foregoing resolutions are hereby
ratified, confirmed and approved in all respects.
PASSED AND ADOPTED THIS 2nd DAY OF OCTOBER, 2007.
Attest:
Debra A. Mangen, City Clerk Jakbs B. Hovland, Mayor
•
City Hall 952-927-8861
4801 WEST 50TH STREET FAX 952-826-0390
EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379
Resolution No. 2007-108
Page Two
• STATE OF MINNESOTA )
) ss. CERTIFICATE OF CITY CLERK
COUNTY OF HENNEPIN )
I, the undersigned duly appointed and acting City Clerk for the City of Edina do
hereby certify that the forgoing Resolution is a true and correct copy of the Resolution
adopted by the Edina City Council at its regular meeting of October _, 2007 and as
recorded in the Minutes of said regular meeting.
Witness my hand and seal of said City this_day of
Debra A. Mangen, City Clerk
•
Resolution No. 2007-108
Page 3
•
TERMINATION OF DEVELOPER'S AGREEMENT
TIES TFRMINATION OF DEVELOPER'S AGREEMENT is made and entered into this
day of Swctriber,2007,by and between the City of Edina,a municipal corporation organized
ni
zed
under the laws of the State of Minnesota(the,"City"),and Housing and Redevelopment Authority of
Edina, Minnesota, a body politic and corporate, under the laws or the State of Minnesota (the
"HRA"),and 5000 France Company,a Minnesota corporation(the"Developer").
WITKPS'SETH THAT:
WHEREAS,the panics hereto executed a Mveloper's Agreement dated September 20,2005,
which Dcvclopct's Agreement was recorded in the office of the County Recorder in and for
Hennepin County,Minnesota,as Document No.9659950 on September 23,2005 (the"Developer"s
Agreement");and
WHEREAS, the parties hereto desire to terminate the terms and conditions of the
Developer's Agreement;
• NOW, THEREFORE. in consideration of the premises and the covenants and agreements
hereinafter contained, it is hereby agreed as follows:
I, The Developer's Agreenwi is hereby terminated and or no further force and effect.
rN WITNESS WHEREOF,the parties hereto have executed(his TcrminatiDn of Developer's
Agreement as of the date first above written,
CITY OF F Al a municipal corporation
0
organized
law.
F ft
rganized the State of
Minns
V.
Ja '-B Ho,an
By,_ 7
G 0
G rdon L.H e 'ity Manager
Resolution No. 2007-108
Page 4
• HOUSJN(i AND REDEVELOPMENT
AUTHORITY OF EUMA,MINNESOTA,a
body politic and corPvraft under the laws of
the State of 41
James B.Hovland,Chair
By:
Linda asica, ec
5000 FRANCE Ct?MI'
By:
Its Presicicn
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of September,
2007,by James B.Hovland..the Mayor,and Gordon L.Hughes,the City Manager of the City of
Edina,a municipal corporation organized under the laws of the State of Minnesota, on behalf of
the corporation.
JANE M.71MIM
f�tary t'ublbNkNiaaaea
• krcm,�,sm.aasaaoto
No Public
STATE OF MINNESOTA )
)ss
COI.iNTY OF I IFNNEPIN )
The foregoing instrument wag aclutowiedged before me this day of September,
20D7, by James B. Hovland, the Chair, and Linda M. Marsirca, the Secretary of Housing and
Redevelopment Authority of Edina,Minnesota,a body politic an,d corporate under the laws of the
State of Minnesota,on behalf of the l olidosl and corporate body.
AAMMMAAOAAAI 1, i Cs
Rawy JANE M.F'umlxs�s�ibnrra�Insn
A4 Wn AM aa,xsna Public
•
Resolution No. 2007-108
Page 5
STATE OF MINNESOTA �
• )
col,=NTY OF HENNEPIN
The foregoing instrument was acknowledged before me this AL day of September,
2007, by bene Haugland,the President of 5000 France Company, a Minnesrta corporation, on
behalf of the corporation.
Notary I't►
THIS INS MUMENT PREPARED BY:
GRAY.PLANT,Moon,NtWTY
A BENNETr,P.A.(XT) CHOM K MOO E
500 IDS CvNrfx NoWy P Ubfia
80 SOUTH EIGM STREET Wwwoots
t*9naNEnPOti5 MNS5402r*I9bpk"J--y 01,2010
(WIZ4019 V3
•
•
Resolution No. 2007-108
Page 6
•
DRAFTED BY AND
UPON RECORDING RETURN TO:
GRAY,PLANT,MOOTY,K400TY
&BENNETT,P.A.QL1)
500 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS,MN 55402
RELEASE OF EASEMENTS
Date: September ,2007
FOR VALUABLE CONSIDERATION,the undersigned hereby releases all right,title and
interest of the undersigned in and to the easement or easements reserved in that certain Deed dated
September 20,2005,filed for record in the office of the Hennepin County Recorder as Document No.
8659952. Nothing herein shall release easements granted to the undersigned under any other recorded
document.
CITY OF ED IN a municipal corporation
organized u er t laws of the State of
• Minnesota
J s Ian Rayor
By:
ordon L.Hu s,City Manager
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of September, 2007, by
James B. Hovland,the Mayor,and Gordon L.Hughes,the City Manager of the City of Edina,a municipal
corporation organized under the laws of the State of Minnesota,on behalf of the co ation.
Notary ub
JANE M.TIMM
GP:2259713 v2
Notary Pubtio-Mfinesota
I Con n Expkw im a1,2010
•