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.
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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
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