1990.12.17 RESO 1990-0043 - Laserfiche WebLink

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.4 RESOLUTION 1990-43 RESOLUTION AUTHORIZING SETTLEMENT OF WHITE BEAR ROD AND GUN CLUB LAW SUIT AND DISBURSEMENT OF FUNDS FOR PURCHASE OF PARK LAND. WHEREAS, the White Bear Rod and Sun Club. Inc. (the "Club") has sued the City of Hugo ("Hugo") in Washington County District Court., Case No. C5-87-002717, seeking review of the action of Hugo denying amendment of Special Use Permit dated May 6, 1974, and seeking money damages from Hugo and Hugo has Counter claimed seeking money damages from the Club; and WHEREAS, Hugo had initiated a Condemnation action against the Club in Washington County District County, Case No. CO -90-2683, seeking to acquire fee simple title to the Club's real property (the "property") situated in Washingotn county for public purposes legally described therein; and WHEREAS, Hugo has arranged for certain funding through the Washington County Housing and Redevelopment Authority ("HRA") for use in the acquisiton of park land, the availability of such funding being contingent upon Hugo providing the HRA with a deed to the property to be held as security to secure repayment of bonds issued by HRA to secure the funding; and WHEREAS, Hugo and the Club have agreed upon a basis for a settlement of all claims between them; NOW THEREFORE BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGOv WASHINGTON COUNTY, MINNESOTA AS FOLLOWS: 1. The Mayor and City Clerk are hereby authorized to sign a Purchase Agreement on behalf of Hugo in a form approved by the City Attorney, for the property described in Case No. CO -90-2683, actual legal to governs authorizing payment of the sum of $290,000.00 to the Club provided that the Purchase Agreement, include conditions that, a. The Club agrees to provide a title opinion to Hugo establishing clear and marketable title in the Club property prior to closing; and b. The Club agrees to provide and deliver a recordable Warranty Deed conveying fee simple marketable title in the property to Hugo; and C. The Club agrees to closing requirements that may be established by HRA, a closing in escrow and/or simultaneous closing with HRA; anal d. The Club agrees that it will accept the sum of $290:,000.00 as full, complete, and final payment for the property and all other claims it has made or could make against Hugo in Case No. C5-87- 002717 and/or Case No. C0 -90-2683s and further agrees to dismiss Case No. C5-87-002717 with prejudice and to join Hugo in dismissal of Case No. CO -90-2683; and e. Such other terms and conditions including, but not limited to closing provisions, as may be required to effect the acquisition of the property.