HomeMy WebLinkAbout20071119 - VI-12 AddedMemo
To: Mayor Hicks and City Council
From: John Hinzman, Planning Director
Date: November 19, 2007
Subject: Authorize Signature: Certificate of Completion -Birchen
Enterprises Building - 2654 Millard Avenue
REQUEST
The City Council is asked to authorize signature of the attached Certificate of Completion
for the Birchen Enterprises Building located at 2654 Millard Avenue in the Hastings
Industrial Park.
The Certificate declares completion of the building construction and improvements required
by the original purchase and development agreement in 2001.
Completion of the building occurred in 2003 and is now subject of a forthcoming sale. Staff
recommends approval signature of the agreement
ATTACHMENTS
• Certificate of Completion.
CERTIFICATE OF COMPLETION
WHEREAS, the City of Hastings, Minnesota, a home rule charter city ("City") has
conveyed the following described real property to Birchen Enterprises, Inc., a Minnesota corporation
(collectively, the "Developer") which conveyance occurred pursuant to a Warranty Deed (the
"Deed") dated as of March 9, 2001, and filed with the County Recorder or Registrar of Titles for
Dakota County on , as Document No.
Lot 2, Block 1, Hastings Industrial Park Number 2, according to the recorded plat thereof,
Dakota County, Minnesota
(the "Property"); and
WHEREAS, the Deed was given subject to the covenants, conditions, restrictions and
provisions of a Purchase and Development Agreement entered into between the City and the
Developer on the 9th day of March, 2001 (hereafter referred to as the "Agreement"); and
WHEREAS, the Deed and the Agreement contain certain covenants and obligations on the
part of the Developer concerning the development of the improvements described therein; and
WHEREAS, the Developer has to the present date performed said covenants and conditions
insofar as the Developer is able in a manner deemed sufficient by the City to permit the execution
and recording of this certification; and
WHEREAS, this Certificate of Completion is the Certificate of Completion identified in
Section 1 of the Deed; and
NOW, THEREFORE, this is to certify that all building construction and other physical
improvements specified to be done and made by the Developer on the above described parcels of
property have been completed. This Certificate shall not relieve the Developer of any other
obligations of the Developer under the Agreement.
Dated: November 19, 2007 CITY OF HASTINGS, MINNESOTA
STATE OF MINNESOTA)
)ss.
COUNTY OF ). .
sy
Its
By
Its
The foregoing instrument was acknowledged before me this day of
2007, by and ,
the and of the City of Hastings,
Minnesota, a home rule charter city organized and existing under the laws of the state of
Minnesota, on behalf of the City.
Notary Public
This document was drafted by:
Bradley & Deike, P.A.
5100 Eden Avenue, Suite 308
Edina, MN 55436
Telephone: (952) 926-5337