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HomeMy WebLinkAboutItem 06.gIII, 'a k e !T 2ioll�'e' April 2,2014 APRIL 7,2014 CITY COUNCIL MEETING RELEASE OF DEVELOPMENT CONTRACT SOUTHFORK VILLAGE 3 RD ADDITION PROPOSED AcTiON Item No. Staff recommends adoption of the following motion: Move to approve the release of the Southfork Villacie 31dAddition development contract. Adoption of this motion will formally release the Southfork Village 31d Addition development contract recorded April 5,1990. OVERVIEW The developer of Southfork Village is in the process of refinancing their debt, including the payment of the interest rate reduction loan agreement to the Lakeville HRA. As a consideration of refinancing, the developer's legal representative requests the release of the development contract approved with the Southfork Village 31d Addition. Staff has determined that the developer has met all requirements and obligations of the development contract. The City Attorney has prepared the draft development contract release form. PRIMARY ISSUES To CONSIDER How will the release of contract affect the property? The performances required under the original development contract have been satisfied Release the Southfork Village 3rd Addition development contract will free the property title from the financial obligations imposed in the original development contract approved by the City Council in October 16, 1989. SUPPORTING INFORMATION 0 Release of development contract form 0 E-mail requesting the release of the development contract 0 Aerial photo of Southfork Village 3rd Addition 0 Southfork Village 3rd Addition final plat Frank Dempsey, AICP, Associate Pla/nner Financial Impact: $ None — Budgeted: Y/N — Source: Related Documents (CIP, ERR etc.): Notes: (rese -rved.for recording inforniation) RELEASE OF DEVELOPMENT CONTRACT RELEASE granted Minnesota municipal corporation ("City"). 2014, by the CITY OF LAKEVILLE, a WHEREAS, the City has been asked to release and discharge the property in Southfork Village 3rd Addition ("Subject Property') from a recorded Development Contract. NOW THEREFORE, be it resolved by the Lakeville City Council: The Subject Property is released and discharged from the Development Contract for Southfork Village 3rd Addition dated October 16, 1989 and recorded April 5, 1990 as Document No. 227590 in the Office of the Dakota County Recorder. ADOF`TED this day of 2014. CITY OF LAKEVILLE ffim (SEAL) AND 175459.0 Matt Little, Mayor Charlene Friedges, City Clerk STATE OF MINNESOTA ) (ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of ' 2014, by Matt Little and Charlene Friedges, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAIFFED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452-5000 RNK 2 175459.vl Dempsey, Frank From: Rene D. Liu <rdl@healeyramme.com> Sent: Thursday, March 27, 2014 11:29 AM To: Dempsey, Frank Cc: Feller, Dennis; ham mer.daniel@dorsey.com; rty@kskpa.com; pmr@healeyramme.com; sjs@kskpa.com; ack@kskpa.com Subject: RE: Southfork Village 3rd Addition Dev Contract Release Mr. Dempsey, At the request of Southfork Apartments Limited Partnership the property owner of Lot 1, Block 1, Southfork Village 3 Id Addition, I request that the City Council authorize Dakota County to release the Development Contract approved by the City Council on October 16, 1989. Our attorney is working on the release documents and should have those to you and Dan Hammer (City of Lakeville attorney) in the next day or two. Thank you, Rene D. Liu Vice President Healey Ramme Company Dakota County, MN 6k TV] A V fs is illill "ej I, P. hw, MISS I Azzi "i4 �i 7V 14, L ODE OOL a m 001 '. 0 e vo All orw -jimKM�S lunoo 01% OL'SGL 'M49-8�-93'N UVWt 'AL99M.WW 0 rA &: IL PE vA SI "Ap