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HomeMy WebLinkAbout2005-178 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 05-178 RESOLUTION APPROVING ASSIGNMENT AND RELEASE OF CERTAIN OBLIGATIONS UNDER CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF LINO LAKES AND HARTFORD DEVELOPMENT, INC. BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The Lino Lakes Economic Development Authority ( "Authority ") currently administers Development District No. 1 (the "Project)" pursuant to Minnesota Statutes, Sections 469.124 to 469.134 ( "Development District Act "). 1.02. The Authority, the City, and Hartford Development, Inc. (the "Developer ") entered into a into a Contract for Private Development dated December 20, 2004, as amended by a First Amendment thereto dated. September 13, 2005 (the "Contract "), setting forth the terms and conditions of redevelopment of certain property within the Project, referred to generally as the Legacy at Woods Edge Project. 1.03. The Developer and Legacy Holdings -LL, LLC the "Development Property Owner ") have determined need to assign certain obligations under the Contract to CGI Builders, Inc. (the "Successor Developer "). 1.04. The Council has reviewed an Approval of Assignment and Release of Obligations under Contract for Private Development, County Inn & Suites Hotel, between the Authority, the City, the Developer and the Successor Developer (the "Assignment "), and finds that the execution thereof is in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Assignment as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Assignment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the City its obligations thereunder. SJB- 270695v1 LN 140 -80 • 2005. • Approved by the City Council of the City of Lino Lakes, Minnesota this 14t of November, ATTEST: SJB- 267750v1 LN 140 -80 7 Mayo • AGENDA ITEM 6B STAFF ORIGINATOR: Mary Alice Divine DATE: 011/14/05 TOPIC: Resolution No. 05 -178 Approving the Assignment and Release of Certain Obligations under the Contract for Private Development with Hartford Development, Inc. Vote Required: Simple Majority BACKGROUND: The City Council and the Economic Development Authority entered into a Contract for Private Development with the Hartford Group on December 20, 2004, (amended on September 13, 2005) setting forth the terms and conditions of redevelopment for Legacy at Woods Edge. The Contract acknowledges that Hartford Group plans to sell certain portions of the development property to subdevelopers, and requires that any proposed subdeveloper assume all the obligations of the developer for the portion of the property being transferred. The subdeveloper must agree to be subject to all the conditions and restrictions of the Contract, including the construction of minimum improvements on the site. This action releases the Hartford Group from the conditions that will be assumed by the subdeveloper (GCI Builders, Inc.) for the Country Inn & Suites site. This release will be delivered upon approval of the site development agreement with the Country Inn & Suites developer. The EDA acted earlier this evening on the assignment and release. OPTIONS: 1. Approve Resolution No. 05 -178 Approving the Assignment and Release of Certain Obligations for the Country Inn & Suites site under the contract with Hartford Group. 2. Do not approve Resolution No. 05 -178 3. Return to staff for further consideration. RECOMMENDATION: Option 1 Certification of Resolution No. 05 -178 Councilmember Carlson introduced Resolution No. 05 -178 at the regularly scheduled meeting of the Lino Lakes City Council held on November 14, 2005, and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Dahl and upon vote being taken thereon, the following voted in favor thereof: Reinert, Dahl, Bergeson, Carlson and Stoltz. The following voted against same: None. Whereupon said resolution was declared passed and adopted. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified Deputy City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 05 -178 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION NO. 05-178 APPROVING ASSIGNMENT AND RELEASE OF CERTAIN OBLIGATIONS UNDER CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF LINO LAKES AND HARTFORD DEVELOPMENT INC. Witness my hand as said Deputy City Clerk and the Corporate Seal of the City this 16th day of November, 2005. 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651 -982 -2400 • Fax: 651 - 982 -2499