HomeMy WebLinkAboutResolution No. 2007-001 Approving Termination of Developer's Agreement and Releases of Easements for 5000 France Comp RESOLUTION NO. 2007-01
1�a,1�r A RESOLUTION APPROVING
TERMINATION OF DEVELOPER'S AGREEMENT
AND
RELEASES OF EASEMENTS FOR
•Nw "f 2y 5000 FRANCE COMPANY
Citv of Edina
WHEREAS, the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA")
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 of Edina (the "City"), 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 HRA 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 Board of Commissioners of the HRA, that the Chair and
the Secretary of the HRA are authorized, for and on behalf and in the name of the HRA to execute and
• deliver the Termination of Developer's Agreement and the Release of Easements attached hereto;
FURTHER RESOLVED, that the Chair and the Secretary are hereby authorized, for and on behalf and
in the name of the HRA 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 r caused to be taken by the Chair
and the Secretary consistent with the tenor and purpose of the ore Ing resolutions are hereby ratified,
confirmed and approved in all respects.
PASSED ANDOPTED IS 2ND DAY OF OCTOB�
Attest
Linda aasica, Secretary James B. Hovland, Chair
STATE OF MINNESOTA )
)ss. CERTIFICATE OF EXECUTIVE DIRECTOR
COUNTY OF HENNEPIN )
I, the undersigned duly appointed and acting Executive Director of the Board of Commissioners for the Housing
and Redevelopment Authority of Edina, Minnesota, do hereby certify that the forgoing Resolution is a true and correct
copy of the Resolution adopted by said Board of Commissioners at its regular meeting of October , 2007 and as
recorded in the Minutes of said regular meeting.
Witness my hand and seal of said Authority this 'Z- day of
• Gordon Hughes, cutive Director
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. 2007-01
Page 2
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TERMINATION OF DEVELOPER'S AGREEMENT
THIS TERMINATION OF DEVELOPEWS AGREEMENT k made and entered into this.
Clay of 5apternber,2007,by and between the City of Edina,a municipal corporation organized
under the,laws of the State of Minnesota(the"City') and Housing and Redevelopment Authority of
Edina, Minnesota, a body politic and ourporatc loader the laws of the State of Minnesota (the
"H A"),and 5000 France Company,a Mirtiresota corporation(tine"Developer").
WITNPSSETH THAT:
WHEREAS,the parties hereto execwcd a Developer's Agreement datedSeptember 20,2005,
which Developer's Agreement was recorded in the office of the County Recorder in and for
Hennepin County,Minnesota, as Document No.8659950 on September 23,2005(the"'Devc6per"s
AgreemcnC);and
WHEREAS, the parties hereto desire to terminate the terms and conditions of the
Developer's Agreement;
NOW, THEREFORE, in consideration of the prcmism and the covenants and agreements
hereinafter contained,it is hereby agreed as follows:
• I. The Developer's Agreement is hereby terminated and of naa further force and effect.
IN WITNESS %VHE:REOF,the parties hereto have executed this Termination of Mveloper's
Agreement as of the date first abuve written.
CITY OF F A a municipal corporation
organized t taws afthe State of
Minns a
J s B Ho an , r
G rdon L.H e, ,sty Manager —
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RESOLUTION NO. 2007-01
Page 3
• HOUSKU AND REDEVELOPMENT
AUTHORITY OF EDINA,MINNESOTA,a
hody politic arrtl cbrNrak ander the laws of
the State of
Jaynes D,Hovland,Chair
fjy 00, //t
A,
ec
Linda asica,3 re'tauy
5000 FRANCF.COMP
Its Presiden
STATE OFF'MINNkSOTA )
)3
CtJUN'dY OF HFNTNE•PIN )
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 udder the]a"of the State of Minnesota,on behalf of
the eorporation.
JANE M.TdMM
• �b an6�fY Aaa91,wigbiota Public
S'T'ATE OF MINNESOTA )
sa
COUNTY OF I Id NNE PIN )
The foregoing instrument was acknowledged before me this t day of Septernber,
2007, by James B. Hovland, the Chair, and Liotta M. Masica, the Secretary of Housing and
Redevelopment Authority of Edina,Minnesota,a body politic:and corporate under the laws of the
Statc of Minnesota,on behalf of the political and eorpmte body.
JANE M.TIMM
NQt%y KMk-V llnwjm
Uft WWAw.E Am 31,2914 t1t Patalic
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RESOLUTION NO. 2007-01
Page 4
STA°I'E OF MINNESOTA
)xs
COUNTY OF HENNEPIN
The foregoing instrument %w acknowlcdgcd before me this :!� day of September.
2007, by Gene Haugland, the President of 5000 France Company, a Minnesota corporation, on
behalf of the corporation.
ZVA MAL—
Notary Pu c
THIS INS'MUhtUNT PREPARED BY;
CRAY.PLANT.MOOTY,MWTY
&BENNETr,P.h_(JI.T) tr�IUnKIWOU E
500 IDS CaNm NoWy PUbUc
30 SOUTH E1t;M STREET
1A NNEAP LB,MN 53402 Wcoffin Wen ftPi"wJw%wy21,2010
fiP'Y717i119 r�
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RESOLUTION NO. 2007-01
Page 5
DRAFTED BY AND
UPON RECORDING RETURN TO:
GRAY,PLANT,MOOTY,MOOTY
&BENNETT,P.A.(JLT)
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.
8659951. Nothing herein shall release easements granted to the undersigned under any other recorded
document.
HOmHovla
PMENT AUTHORITY
OF ody politic and corporate
undinnesota
ir
By:
Linda asica,Secre
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of September, 2007, by
James B. Hovland, the Chair, and Linda M. Masica, the Secretary of Housing and Redevelopment
Authority of Edina,Minnesota,a body politic and corporate under the laws of th State of Minnesota,on
behalf of the political and corporate body.
JANE M. nMM Nota ublic �.
NoWy PubWMkvwOta
GP:2259712 vl MYc mmiatcnRq*es lan31.2010
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