HomeMy WebLinkAbout2005-179 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 05 -179
RESOLUTION APPROVING RELEASE OF OBLIGATIONS UNDER
CONTRACT FOR SUBDIVISION/PLANNED UNIT DEVELOPMENT
BETWEEN 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.
1.02. The City and Hartford Development, Inc. (the "Developer ") entered into a into a
Contract for Subdivision/Planned Unit Development dated December 21, 2004, (the "Subdivision
Contract "), setting forth the terms and conditions of redevelopment of certain property referred to
generally as the Legacy at Woods Edge Project.
1.02. The Developer and Legacy Holdings -LL, LLC (the "Development Property Owner ")
have determined to convey one of the parcels subject to the Subdivision Contract to CGI Builders,
Inc. (the "Successor Developer ").
1.03. In connection with that conveyance, Developer seeks to be released from its
obligations under the Subdivision Contract, subject to certain terms.
1.04. The Council has reviewed a Release of Obligations under Contract for
Subdivision/Planned Unit Development, County Inn &Suites Hotel, between the City, the
Developer and the Successor Developer (the "Release ") 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 Release 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 Release and any documents referenced therein requiring execution by the Authority, and to
carry out, on behalf of the City its obligations thereunder.
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Approved by the City Council of the City of Lino Lakes, Minnesota this 14th of November,
ATTEST:
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AGENDA ITEM 6C
STAFF ORIGINATOR: Mary Alice Divine
DATE: 011/14/05
TOPIC: Consideration of Resolution No. 05 -179 Approving
the Release of Obligations under the Contract for
Subdivision /Planned Unit Development with Hartford
Development, Inc.
Vote Required: Simple Majority
BACKGROUND:
The City Council entered into a Contract for Subdivision /Planned Unit
Development with the Hartford Group on December 21, 2004, setting forth the
terms and conditions of redevelopment for Legacy at Woods Edge.
Hartford Group plans to sell a portion of the development property to GCI
Builders, Inc., for the construction of a Country Inn & Suites and has asked to be
released from the terms and conditions of the contract as to the subject parcel.
The city has approved the Country Inn & Suites site plan, and as a condition of
approval before any construction begins, GCI Builders will be required to enter
into a development agreement with the city, containing the same terms and
conditions as the original Hartford Contract.
This action releases the Hartford Group from the conditions that will be assumed
by GCI Builders, Inc. This release will be delivered upon approval of the site
development agreement with the Country Inn & Suites developer.
OPTIONS:
1. Approve Resolution No. 05 -179 Approving the Release of Obligations for
Subdivision /PUD Contract with Hartford Group.
2. Do not approve Resolution No. 05 -179
3. Return to staff for further consideration.
RECOMMENDATION:
Option 1
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Certification of Resolution No. 05 -179
Councilmember Reinert introduced Resolution No. 05 -179 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 Stoltz 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 -179 :
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. 05-179
APPROVING RELEASE OF OBLIGATIONS UNDER CONTRACT FOR
SUBDIVISION/PLANNED UNIT DEVELOPMENT BETWEEN 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