Agenda - Council - 02/23/2016 - Laserfiche WebLink

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Councilmember adoption: introduced the following resolution and moved for its RESOLUTION #16-02-039 RESOLUTION AUTHORIZING AGREEMENT TO MODIFY RESTRICTION CONTAINED IN DEED WHEREAS, The Housing and Redevelopment Authority in and for the City of Ramsey, Minnesota (the "HRA") transferred certain real property legally described on Exhibit A (the "Property") to McDonald's USA, LLC, a Delaware limited liability company ("McDonald's") by Quit Claim Deed dated February 26, 2014 and recorded in the Office of the Anoka County Registrar of Titles on March 3, 2014 as Document No. 522138.002 (the "Deed"). WHEREAS, the Deed contained certain two conditions subsequent: a. that McDonald's commence construction within 720 days after the date of the Deed; and b. that McDonald's substantially complete construction within 1080 days after the date of the Deed. WHEREAS, to accommodate McDonald's revised construction schedule, McDonald's has asked the City to authorize the Mayor and City Administrator to execute and deliver an Agreement to Modify Restrictions Contained in Deed, in substantially the form attached hereto as Exhibit B (the "Agreement") to revise the commencement construction date to be September 1, 2016 , as set forth in this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA: 1) That the City Council, as the successor to the Board of the HRA, authorizes the Mayor and City Administrator to execute the Agreement and authorizes the recording of the Agreement in the Anoka County land records. 2) The City has approved the Agreement in substantially the form attached hereto. The City hereby authorizes the Mayor and City Administrator to approve modifications to the Agreement as may be necessary to correct typographical or other errors or as otherwise necessary or desirable to achieve the intended purpose of the Agreement, and the Mayor and City Administrator' s execution of modified versions of the Agreement shall evidence their approval of such modifications. 1 7457567v2