HomeMy WebLinkAboutItem 06.lLakeville
December 31, 2014
Item No.
DOUBLE E CROSSINGS 4"' ADDITION DEVELOPMENT CONTRACT ASSIGNMENT
JANUARY 5, 2015 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve the development
contract assignment for Double E Crossings 4th Addition from Malocclusion Lakeville LLC to
Children Dental Properties LLC.
Adoption of this motion will authorize the transfer of the development contract and the
development of the Double E Crossings 4th Addition Subdivision from Malocclusion Lakeville LLC
to Children's Dental Properties LLC..
Overview
On August 5, 2013, the City Council approved the final plat of a one lot commercial
development subdivision and a development contract for Double E Crossings 4th Addition
located on the west side of Cedar Avenue south of Dodd Blvd.
An office building was substantially constructed on this lot for Cosmopolitan Orthodontics
but has not been occupied. The original developer now has an agreement to sell the
property to Children's Dental Care LLC which currently leases space across Cedar Avenue in
the Crossroads Shopping Center.
Primary Issues to Consider
Is the Double E Crossings 4th Addition development contract assignment in compliance with
the approved Double E Crossings 4th Addition final plat? The assignment will notolter the
approved final plat. Children's Dental Care LLC will be responsible for carrying out the terms of the
Double E Crossings 4th Addition development contract and developing the site consistent with the
final plat plans approved by the City Council.
Supporting Information
• Request to assign development contract to Children's Dental Care LLC.
• Signed development contract assignment
• Double E Crossings 4th Additi
David L. Olson, Community and Economic Development Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances
December 12, 2014
Mr. David Olson
Community & Economic Development Director
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
RE: Property at 17677 Cedar Avenue, Lakeville, Minnesota
Dear Mr. Olson:
This letter is to request that action of the City Council be taken to consent and effect the
assignment of the Development Contract of Double E Crossings 0 Addition dated July 23, 2013
for the property at 17677 Cedar Avenue, Lakeville, Minnesota (PIN 22-212228-01-010) as
proves below.
We are requesting that the Development Contract be assigned by Malocclusion Lakeville, LLC
to Children's Dental Properties LLC, a Minnesota limited liability company, which is owned
equally by the two principals of Children's Dental Care, PLLC, 17510 Dodd Boulevard,
Lakeville, MN, Brent Kvittem, DDS and Amy J. Kebriaei, DDS.
Children's Dental Care, PLLC is also owned equally by Brent Kvittem, DDS and Amy J.
Kebriaei, DDS. Children's Dental Care, PLLC has a pending purchase agreement for the
Property that will be assigned to Children's Dental Properties LLC prior to closing. The
anticipated closing date is January 19, 2015.
We understand that this Assignment needs Lakeville City Council action and approval. Please
commence the process or approval for this Assignment.
We have attached a copy of the title insurance commitment of First American Title Insurance
Company, with an effective date of November 16, 2014, bearing file number LT 514047.
This Letter of Request is jointly proposed by Malocclusion Lakeville, LLC, the current owner of
the Property, by Children's Dental Care, PLLC, the proposed purchaser of the Property and by
Children's Dental Properties LLC. This Letter of Request may be signed in two or more
counterparts, each of which shall be considered an original document and all taken together
being one and the same document.
We also understand that a fee of $300.00 shall accompany this Letter of Request.
This Letter of Request for City Council action is understood and accepted by both parties.
Mr. David Olson
December 12, 2014
Page 2
In Testimony whereof the Parties have executed this Letter as of the date set forth below.
Malocclu, , Lakeville, LLC
BY...__� ...----
'' Eisenhuth
Its: Chief Manager
Dated: DecemberZ 2014
Children's Dental Care, PLLC
By.
Brent Kvittem
Its:
Dated: December , 2014
Children's Dental Properties LLC
By.
Brent Kvittem -
Its• -
Dated: December , 2014
Mr. David Olson
December 12, 2014
Page 2
In Testimony whereof the Parties have executed this Letter as of the date set forth below.
Malocclusion Lakeville, LLC
M.
Peter Eisenhuth
Its: Chief Manager
Dated: December , 2014
Children's Dental Care, PLLC
By:
Brent Kvittem
Its: C=�c�YG�Q%Zr
Dated: December IqLl 2014
Children's Dental roperties LLC
By:
Brent Kvittem
Its: w}
Dated: December IL, 2014
(reserved for recording information)
ASSIGNMENT OF
DEVELOPMENT AGREEMENT
AGREEMENT dated , 20, by, between, and among the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("City"); MALOCCLUSION LAKEVILLE,
LLC, a Minnesota limited liability company, formerly known as NITI LAKEVILLE, LLC and also
known as NITI, LLC ("Developer"); and CHILDREN'S DENTAL PROPERTIES LLC, a
Minnesota limited liability company, 17510 Dodd Boulevard, Lakeville, Minnesota 55044
("Successor Developer").
RECITALS
A. The City and Developer entered into a Development Contract dated July 23, 2013
and filed for record with the Dakota County Recorder on August 27, 2013, as Document No.
2972452 concerning the plat of DOUBLE E CROSSINGS 4TH ADDITION (the "Development
Contract").
B. The Developer has asked the City to approve the assignment of its rights and
obligations under the Development Contract to the Successor Developer.
C. Paragraph 32.K. of the Development Contract authorizes the City to approve the
assignment of the Development Contract.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. ASSIGNMENT. The Developer's rights and obligations under the Development
Contract are assigned to the Successor Developer subject to the terms, covenants and conditions of
this Assignment. The Successor Developer accepts the assignment and agrees to be bound by its
terms and assumes all of the obligations of the Developer under the Development Contract dated
July 23, 2013.
179720v1
2. EFFECTIVE DATE OF ASSIGNMENT. This Assignment shall be effective
when the Successor Developer furnishes the City any and all security required by the Development
Contract.
3. BINDING EFFECT/RECORDING. This Assignment may be recorded against
the title to the land described in Exhibit "A" of the Development Contract and is binding upon the
parties, their successors, heirs, and assigns.
[The remainder of this page has been intentionally left blank. Signature pages follow.]
2
179720vi
CITY OF LAKEVILLE
M.
.0
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
, 20 , by Matt Little and by Charlene Friedges, 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
17972ovi
01/01/2015 15:01 FAX 2187394814 INTERSTATE ENG INC 2004/005
Developer:
MALOCCLUSION LAKEVILLF, LLC
y: t J
'meter Eisenhuth, Its Chief Manager
STATE OF MINNESOTA. )
COUNTY OF )
The foregoing, instrument was acknowledged before me this 1-47- day of
J�&4 , 2Q_IL by Peter Eisenhuth the Chief Manager of Malocclusion Lakeville,
LLC, a Minnesota limited liability company, formerly known as NiTi Lakeville, LLC and also
known as NiTi, LLC, on behalf of said limited liability company.
�� , NOTARYPUBLIC
j
179720v1
Successor Developer:
CHILDREN'S DENTAL PROPERTIES LLC
By:
Its Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OFO�oit., )
The foregoing instrument was acknowledged before me this 31 day of
Qe-C-,0,ba-r , 20_1�A_, by I�Z _ %\vAfi-V f-, the Chief Manager of
Children's Dental Properties LLC, a Minnesota limited liability company, on behalf of said limited
liability company.
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
1380 Corporate Center Curve, #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
RNK/cjh
1797200
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