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HomeMy WebLinkAboutEDA Resolution 14-EDA-287MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION 14 -EDA -287 MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION AUTHORIZING CANCELLATION OF A PURCHASE AGREEMENT WHEREAS, Shelly D. Parker, a single person ("Seller"), is an owner of real estate located at 2665 Ardan Avenue, Mounds View, Ramsey County, Minnesota, and which is legally described in the Cancellation Agreement as hereinafter defined (the "Property"); and WHEREAS, the Mounds View Economic Development Authority, a public body corporate and politic (the "EDA") desires to cancel the executed purchase agreement made with the Seller of the Property; and WHEREAS, the EDA has determined that at this time, due to the limitations and requirements of the CDBG grant funds, the purchase of the Property and new home construction will not be financially feasible; and WHEREAS, on October 13, 2014, the EDA executed an offer and purchase agreement (the "Agreement") providing for the terms of the conveyance of the Property from Seller to the EDA. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY, AS FOLLOWS: 1. The recitals set forth in this Resolution are incorporated into and made a part of this Resolution. 2. The cancellation of the purchase of the Property by the EDA is hereby approved pursuant to the terms of the Agreement, which is also approved in substantially the form presented to the Commission on this date, subject to modifications that do not materially alter the EDA's rights and obligations under the Agreement and that are approved by the Authority's President and Executive Director, which approvals shall be conclusively evidenced by execution of the Agreement. 3. The President and Executive Director of the EDA are hereby authorized and directed to execute all appropriate documents, including but not limited to the Cancellation Agreement, to effectuate the transaction contemplated by this Resolution. Resolution 14 -EDA -287 Page 2 4. The President and Executive Director of the EDA, staff and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. Approved by the Board of Commissioners of the Mounds View Economic Development Authority this 27th day of October, 2014. ATTEST: Joe Flalierty- President James Ericson Executive Director CANCELLATION OF PURCHASE AGREEMENT FOR 2665 ARDAN AVENUE This Cancellation of Purchase Agreement ("Cancellation Agreement") entered into this 27th day of October, 2014, by and between the Mounds View Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota ("EDA") and Shelly D. Parker, a single person ("Parker"). WHEREAS, EDA and Parker entered into a Purchase Agreement, executed October 13, 2014 (the "Purchase Agreement") regarding the real property legally described as Lot 2, Block 1, Richard Charbonneau Addition, Ramsey County, Minnesota, located at 2665 Ardan Avenue, Mounds View, MN 55112 (the "Property"); WHEREAS, EDA and Parker desire to cancel and terminate the Purchase Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, EDA and Parker hereby agree as follows: 1. The recitals set forth in this Cancellation Agreement are incorporated into and made a part of this Cancellation Agreement. 2. Parker represents and warrants to EDA that Parker has not assigned, transferred, or conveyed her interest in the Purchase Agreement. 3. Parker acknowledges the EDA has not paid any earnest money. 4. The Purchase Agreement is hereby cancelled, terminated and null and void and neither party shall have any further rights or obligations thereunder. IN WITNESS WHEREOF the undersigned have executed this instrument the day and date first above written. MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY By: Its:zyke FlahertyPx By:c.vNUAL1 lei --4 t`") Its: James Ericson, Executive Director 'Shelly D. Parker