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HomeMy WebLinkAboutResolution 5600 , , ~ ~ ". '"llIlllII RESOLUTION NO. 5600 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CONDITIONALLY ACCEPTING THE PUBLIC IMPROVEMENTS ASSOCIATED WITH PHA~E I OF THE W ALGREENS PUD, IN ACCORDANCE WITH . THE CONTRACT FOR PRIV A~E DEVELOPMENT (DA 00-123) WHEREAS, the City of Mounds View and Meridian Properties Real Estate Development, doing business as TOLl) Development Company, entered into a Contract for Private Development (the "Agreement") on November 29,2000; and, WHEREAS, the Agreement requires the Developer to construct certain improvements including grading, drainage, .lflndscaping, lighting, trail way and other Improvements as part of the project; and WHEREAS, the Agreement requires City inspection and acceptance of the Improvements. NOW, THEREFORE, BE IT RESOLVED, that the City of Mounds View accepts the Improvements, subject to the following considerations: 1. All issues raised by Rice Creek shall be addressed to their satisfaction. 2. The Highway 10 access drive shall be striped where it is crossed by the trailway. 3. Pavement marl\ings or signage to warn bikers and pedestrians shall be installed at the trailway/driveway crossing. 4. Upon completion of the Improvements, the Developer shall' provide the City with a copy of the site and utility as-builts. 5. The Developer shall provide a maintenance bond in the amount of$43,500. 6. Vegetation shall be added in the area of the wetland disturbance to better blend the disturbed areas in with the existing wetland vegetation as well as to discourage use of the area as a natural walking path. . , 7. The Developer or property manager shall maintain and mow the boulevard area along Highway 10 and shall restore by sod or seed those areas disturbed as a result of the trailway installation. 8. The vacant lot between the Walgreens building and the Community Center shall be seeded and maintained to prevent growth of weeds and tall grass. NOW, THEREFORE, BE IT FURTHER ESOLVED, that upon completion of the above articulated items and acceptance of the Improvements, the City shall execute a Certificate of Completion in a form substantially similar to the attached Exhibit A and approve the release of the original $435,000 letter of credit. .. , . - Resolution 5600 August 13, 2001 Page 2 .,' ATTEST: (SEAq Motion: Second: Santerre Stigney: Quick: Marty: Thomas: Adopted this 13th day of August, 2000. ~ Mayor Rich Santerre L~ Kathleen MIller, City Clerk! AdmmIstrator Stigney Thomas Aye Aye Aye Aye Aye N :,DATNGROUPS\COMDEViDEVEI DP:VIENT CASES\PDOO-OO I (W ALGREENS PUD)\RES 5600 -- ACCEPT PHASE I I~1PROVEMENTS.DOC . . . EXHIBIT A PHASE I CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE WHEREAS, the City of Mounds View (the "Grantor"), by a deed recorded in the office of the County Recorder in Ramsey County, Minnesota, as Document No. , has conveyed to Meridian Properties Real Estate Development, LLC, d/b/a TOLD Development Company, a Minnesota limited liability company (the "Grantee"), the land in County of Ramsey and State of Minnesota legally described as Lot 3, Block 2, Mounds View City Hall Addition, according to the plat filed for record with the Ramsey County Recorder; and, WHEREAS, said deed was executed pursuant to that certain Contract for Private Development by and between the Grantor and the Grantee dated the 29th day of November, 2000, and recorded in the office of the County Recorder in Ramsey County, Minnesota, as Document No. , which Contract for Private Development contained certain covenants and restrictions regarding completion of the Improvements; and, WHEREAS, said Grantee has performed said covenants and conditions in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification. NOW, THEREFORE, this is to certify that all construction of the Phase I Improvements specified to be done and made by the Grantee has been completed and the covenants and conditions in the Contract for Private Development have been performed by the Grantee therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by Grantor is hereby released absolutely and forever, and the County Recorder in Ramsey County, Minnesota, is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions relating to completion of the Phase I Improvements associated with the above legally-described property. DATED: CITY OF MOUNDS VIEW ,2001 By '~ Mayor ~1Ldv Cler -AdmInIstrator And . . . Resolution 5600 August 13, 2001 Page 2 ST ATE OF MINNESOTA) )ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this d. I day of fLu"3; tl/~ ' 2001 by Rich Santerre and Kathleen Miller, the Mayor and Clerk- Adminis ator, respectIvely, of the City of Mounds View, under the laws of the State ofMmnesota. /! L j{~. M G~ 0 - ~ vi/'. Notary' Public " This instrument was drafted by: Kennedy & Graven, Chartered 470 Pillsbury Center 200 South Sixth Street RJV-184370v2 MU21O-48 2