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Home My WebLink About2013-050 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 13 -50 APPROVING A RELEASE OF OBLIGATIONS FROM CONTRACT FOR SUBDIVISION/PLANNED UNIT DEVELOPMENT BETWEEN CITY OF LINO LAKES AND HARTFORD DEVELOPMENT, INC WHEREAS, the City and Hartford Development, Inc., a Minnesota corporation ( "Master Developer "), are parties to a Contract for Subdivision/Planned Unit Development relating to the Legacy at Woods Edge master development between the City and Master Developer dated effective December 21, 2004, and recorded December 29, 2004, as Document No. 1971748.007 in the office of the Anoka County Recorder, Anoka County, Minnesota (the "Contract "); and WHEREAS, the real property legally described as Outlot A, The Village No. 4, Anoka County, Minnesota (the "Property"), which was tax- forfeited, is subject to the Contract; and WHEREAS, the LLC has entered into a Purchase and Redevelopment Agreement dated March 19, 2013 (the "Purchase Agreement "), with the Lino Lakes Economic Development Authority (the "EDA ") to purchase and redevelop the Property as an expansion to the existing assisted living facility located on the property adjacent to the Property; and WHEREAS, in connection with the acquisition of the Property, the LLC has requested that the Property and the LLC be released from the terms and conditions of the Contract; and ilk WHEREAS, it is in the best interest of the City to promote development by LLC and to release the LLC and the Property from the terms and conditions of the Contract; NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that the "Release of Obligations under the Contract for Subdivision/Planned Unit Development ", attached hereto as Exhibit A, is hereby approved; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the release on behalf of the City. Adopted by the Council of the City of Lino Lakes this 13th day of May, 2013. Th9 motion for the adoption of the foregoing resolution was introduced by Council Member Q f]on l l and was duly seconded by Council Member Rodrer and upon vote being taken thereon, the following voted in favor thereof: Roeser, O'Donnell, Rafferty, Stoesz, The following voted against same: none ATTEST: • ert, Mayor EXHIBIT A RELEASE OF OBLIGATONS UNDER CONTRACT FOR SUBDIVISION/PLANNED UNIT DEVELOPMENT This Release (the "Release ") is entered into effective as of May , 2013 (the "Effective Date "), by and between the City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota (the "City ") and Lino Lakes Assisted Living, LLC, a Minnesota limited liability company (the "LLC "). RECITALS A. The City and Hartford Development, Inc., a Minnesota corporation ( "Master Developer "), are parties to a Contract for Subdivision/Planned Unit Development relating to the Legacy at Woods Edge master development between the City and Master Developer dated effective December 21, 2004, and recorded December 29, 2004, as Document No. 1971748.007 in the office of the Anoka County Recorder, Anoka County, Minnesota (the "Contract "). B. The real property legally described as Outlot A, The Village No. 4, Anoka County, Minnesota (the "Property "), which was tax- forfeited, is subject to the Contract. C. The LLC has entered into a Purchase and Redevelopment Agreement dated March 19, 2013 (the "Purchase Agreement "), with the Lino Lakes Economic Development Authority (the "EDA ") to purchase and redevelop the Property as an expansion to the existing assisted living facility located on the property adjacent to the Property. D. In connection with the acquisition of the Property, the LLC has requested that the Property and the LLC be released from the terms and conditions of the Contract. E. It is in the best interest of the City to promote development by LLC and to release the LLC and the Property from the terms and conditions of the Contract. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the undersigned agree as follows: 1. °, leased om the Contract and the Contract no longer encumbers the Property. 2. The LLC has no liability or obligations under the Contract. 3. This Amendment may be executed in counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts together shall constitute one and the same instrument. • • • • STATE OF MINNESOTA ) ) SS COUNTY OF ) CITY OF LINO LAKES By Its Mayor By Its City Clerk On this day of May , 2013, before me, a Notary Public for this County, personally appeared , to me personally known, who, being by me duly sworn did say that s/he is the Mayor of the City of Lino Lakes, a Minnesota municipal corporation, named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its City Council and acknowledged said instrument to be the free act and deed of said corporation. • STATE OF MINNESOTA ) ) SS COUNTY OF ) Notary Public On this day of May , 2013, before me, a Notary Public for this County, personally appeared , to me personally known, who, being by me duly sworn did say that s/he is the City Clerk of the City of Lino Lakes, a Minnesota municipal corporation, named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its City Council and acknowledged said instrument to be the free act and deed of said corporation. Notary Public • LINO LAKES ASSISTED LIVING, LLC By Its Chief Manager STATE OF MINNESOTA ) ) SS COUNTY OF ) On this day of May , 2013, before me, a Notary Public for this County, personally appeared Stephen Upgren, to me personally known, who, being by me duly sworn did say that he is the Chief Manager of Lino Lakes Assisted Living, LLC, and that said instrument was signed on behalf of said limited liability company by authority of its Members and acknowledged said instrument to be the free act and deed of said limited liability company. Notary Public THIS INSTRUMENT DRAFTED BY: Rinke Noonan (HAM) 1015 W. St. Germain St., Suite 300 P.O. Box 1497 St. Cloud, MN 56302 -1497 (320) 251 -6700 File No. 22701.003 • • • CITY COUNCIL AGENDA ITEM 6E STAFF ORIGINATOR: Michael Grochala MEETING DATE: May 13, 2013 Consider Resolution No. 13 -50, Approving a Release of Obligations from Contract for Subdivision/Planned Unit Development between City of Lino Lakes and Hartford Development, Inc., Michael Grochala ii. Consider Resolution No. 13 -51, Approving a Release of Obligations from Petition and Waiver Agreement between the City of Lino Lakes and Legacy Holdings -LL, LLC, Michael Grochala VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve the release of obligations from certain land development contracts encumbering the title of property for the Lino Lakes Assisted Living land purchase BACKGROUND As a requirement for approvals for the Legacy at Woods Edge development the City entered into certain development contracts with Hartford Development Inc. and it's holding company Legacy Holdings -LL, LLC. The first agreement was a subdivision/planned unit development agreement that is executed with all new subdivision approvals. The second agreement was a petition and waiver agreement requesting the construction of public improvements and agreeing to the special assessment of those costs against the development property. Both of these documents were recorded against all the properties within the Legacy at Woods Edge Development. The City is currently working with Lino Lakes Assisted Living, LLC to complete the land purchase of Outlot A, The Village No. 4. The LLC has entered into a Purchase and Redevelopment Agreement with the City for purchase of the property to expand the existing assisted living facility. Additionally, the purchase price includes the payment of special assessments previously levied against the property. Accordingly, the LLC has requested a release of obligations from both of the documents described above. RECOMMENDATION Staff is recommending approval of Resolutions No. 13 -50 & 13 -51. ATTACHMENTS 1. Resolution No. 13 -50 2. Resolution No. 13 -51 •