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HomeMy WebLinkAbout2013-051 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 13 -51 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 WHEREAS, The City and Legacy Holdings LL, LLC, a Minnesota limited liability company ( "Legacy Holdings ") are parties to a Petition and Waiver Agreement dated effective December 20, 2004, and recorded January 19, 2007, as Document No. 1990513.011, in the office of the Anoka County Recorder, Anoka County, Minnesota (the "Petition "); 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 Petition; 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 Petition; and 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 Petition; NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that the "Release of Obligations under the Petition and Waiver Agreement ", 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. T motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member �}- otPS'a and upon vote bein aken thereon, the following voted in favor thereof: Rafferty, Stoesz, Roeser, O'Donnell, er The following voted against same: none EST., Julianne Bartel , City Clerk Jeff Rei ert, Mayor EXHIBIT A RELEASE OF OBLIGATONS UNDER PETITION AND WAIVER AGREEMENT 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 Legacy Holdings LL, LLC, a Minnesota limited liability company ( "Legacy Holdings ") are parties to a Petition and Waiver Agreement dated effective December 20, 2004, and recorded January 19, 2007, as Document No. 1990513.011, in the office of the Anoka County Recorder, Anoka County, Minnesota (the "Petition "). 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 Petition. 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 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 Petition. 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 Petition. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which the parties acknowledge t as follows: 1. the Property. y°4s te1gd From the Petition and the Petition no longer encumbers 2. The LLC has no liability or obligations under the Petition. 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 ) On this day of May , 2013, personally appeared duly sworn did say that s/he is the Mayor of the corporation, named in the foregoing instrument, said corporation by authority of its City Council act and deed of said corporation. STATE OF MINNESOTA ) ) SS COUNTY OF ) CITY OF LINO LAKES By By Its City Clerk Its Mayor before me, a Notary Public for this County, , to me personally known, who, being by me City of Lino Lakes, a Minnesota municipal and that said instrument was signed on behalf of and acknowledged said instrument to be the free Notary Public On this , 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. day of May Notary Public LINO LAKES ASSISTED LIVING, LLC By Stephen Upgren, 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 • • •