HomeMy WebLinkAbout2008.09.02 RESO 2008-0040RESOLUTION NO. 2008 - 40
NOTICE OF THE CITY OF HUGO ACTION REGARDING INCOMPLETE
IMPROVEMTNES FOR THE PLAT OF GENERATION ACRES
WHEREAS, the City of Hugo is a political subdivision, organized and existing under the
laws of the Stat of Minnesota; and,
WHEREAS, the City Council of the City of Hugo has adopted zoning and subdivision
regulations, per the Hugo City Code, Chapter 320, to promote the orderly, economic and
safe development and utilization of land within the City; and,
WHEREAS, Generation Acres, LLC, and the City of Hugo were parties to that certain
Developer's Agreement Dated September 6, 2005, and recorded with the Washington
County Recorder on September 13, 2005, as Document Number 3539138 and
concerning the plat of Generation Acres, Washington County, Minnesota, as legally
described in Exhibit A; and,
WHEREAS, Generation Acres, LLC. As the developer under the said Developer's
Agreement provided to the City of Hugo an Irrevocable Letter of Credit Number 200357,
Dated August 25, 2005, in the amount of $135,501.30, said Letter of Credit was issued
by Lakeland Construction Finance, LLC ; and,
WHEREAS, in accordance with Section 4 of the said Developer's Agreement Generation
Acres, LLC. has failed to complete the improvements within the plat of Generation
Acres; and,
WHEREAS, the City of Hugo in accordance of Section 4 of the said Developer's
Agreement, and per the terms of the said Letter of Credit did on August 22, 2008 attempt
to draw on the Letter of Credit the amount of $135,501.30; and,
WHEREAS, Lakeland Construction Finance, LLC has failed to honor the said Letter of
Credit, and to provide to the City of Hugo the requested draw of $135,501.30; and,
NOTICE IS HEREBY GIVEN by the City Council of the City of Hugo:
1.) That no permits, applications, requests, approvals, inspections or
authorizations, including, but not limited to, building permits, inspections, approvals of
deeds or transfers, mortgage, conveyance, certificate of occupancy, certificate of
completion, or other municipal action shall be issued in connection with the plat of
Generation Acres and the same shall be withheld.
Whereupon said resolution was declared passed and adopted this 2"d day of September,
2008.
F Mayor
ATMISE
Michele Lindau, City Clerk
Exhibit A
Legal Description:
Generation Acres 1 sc Addition
Excluding Lots 13-20, Block 2
Plat # 01628