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HomeMy WebLinkAboutItem 06.q Date: Item No. CEDAR AND DODD RETAIL SECOND ADDITION TERMINATION OF DEVELOPMENT CONTRACT Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the termination of the Cedar and Dodd Retail Second Addition development contract. Overview Ryan Companies US, Inc. has requested termination of the Cedar and Dodd Retail Second Addition development contract. Their client has opted to not move forward with the construction of a medical office on the Cedar and Dodd Retail Second Addition site at this time. The Cedar and Dodd Retail Second Addition final plat was approved on July 1, 2019. Primary Issue to Consider None Supporting Information • Resolution • Signed Termination of Development Contract Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Kris Jenson, Associate Planner December 16, 2019 None Subdivision Ordinance 205821v2 1 CITY OF LAKEVILLE, DAKOTA COUNTY, STATE OF MINNESOTA RESOLUTION NO. _________ RESOLUTION APPROVING TERMINATION OF DEVELOPMENT CONTRACT WHEREAS, by Resolution No. 19-70, the City approved the final plat for Cedar and Dodd Retail Second Addition subject to the development contract and security requirements; City WHEREAS, the City of Lakeville and Ryan Companies US, Inc. (“Developer”) entered into a Development Contract dated July 1, 2019 for the Cedar and Dodd Retail Second Addition plat; WHEREAS, the Developer has requested that the Development Contract be terminated and that its application for the final plat be withdrawn; WHEREAS, the City agrees to terminate the Development Contract pursuant to the Termination of Development Contract attached hereto; WHEREAS, the final plat approval will terminate upon termination of the Development Contract; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota as follows: 1. The City Council approves the Termination of Development Contract; 2. The Mayor and City Clerk are authorized and directed to execute the Termination of Development Contract ADOPTED this 16th day of December, 2019 by the City Council of the City of Lakeville. 205821v2 2 CITY OF LAKEVILLE BY:__________________________________ Douglas P. Anderson, Mayor ATTEST ____________________________________ Charlene Friedges, City Clerk 205819v1 TERMINATION OF DEVELOPMENT CONTRACT THIS TERMINATION OF DEVELOPMENT CONTRACT, made as of the 16th day of December, 2019, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (the "City"), and RYAN COMPANIES US, INC., a Minnesota corporation (“Developer”). RECITALS A. The City and Developer entered into a Development Contract dated July 1, 2019 (“Development Contract”) for the Cedar and Dodd Retail Second Addition plat; B. Developer has determined not to move ahead with the Cedar and Dodd Retail Second Addition plat and has requested to have the Development Contract terminated; and C. The City agrees to termination the Development Contract. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, the parties hereto agree as follows: 1. The Development Contract is hereby terminated. [remainder of page intentionally left blank] [signature pages to follow] 205819v1 CITY OF LAKEVILLE By _________________________________ Douglas P. Anderson, Mayor By _________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of __________, 2019, by Douglas P. Anderson and Charlene Friedges, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the City. ____________________________________ Notary Public