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Res 2012- 49 Transfer Lot 6 Mendota Plaza Expansion City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 12-49 RESOLUTION APPROVING CONSENT TO TRANSFER LOT 6, MENDOTA PLAZA EXPANSION WHEREAS, the City of Mendota Heights (City) and Mendota Mall Associates LLP (Developer) entered into Planned Unit Development Agreement (Agreement) for the Mendota Plaza Expansion in May 2009; and WHEREAS, Article Six of the Agreement defines conditions to allow the transfer or conveyance of a portion of the planned unit development; and WHEREAS, the Developer has entered into a purchase agreement for the sale of Lot 6, Mendota Plaza Expansion to White Pine Holdings, LLC (White Pine); and WHEREAS, the Fourth Amendment to the Agreement (Fourth Amendment) approved in November, 2011 acknowledges that the City is in receipt of items 6.3 (a) Evidence of Developer Experience; 6.3 (c) Agreement to be Bound; and 6.3 (d) Form of Transfer Documents of the Agreement; and WHEREAS, the Fifth Amendment to the Agreement (Fifth Amendment) presented to The City of Mendota Heights defines CG Mendota Heights WPSL, LLC. as the recipient of Lot 6, Mendota Plaza Expansion; and WHEREAS, Minnwest Bank, M.V. has provided a letter attesting to the credit-worthiness of CG Mendota Heights, WPSL, LLC. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that consent to transfer Lot 6, Mendota Plaza Redevelopment is hereby approved pursuant to Section 6.2 of the Agreement and Section 11 of the Fourth Amendment and Section 4 of the Fifth Amendment. Adopted by the City Council of the City of Mendota Heights this third day of July, 2012. ATTES Lorri Smith City Clerk City Council Res. 12 -49 page 2 FLED 4115 17iACT COPY Ep %K0_11 A COUNTY City of Mendota. Heights Dakota County, Minnesota RESOLUTION NO. 12-49 RESOLUTION APPROVING CONSENT TO TRANSFER LOT 6, MENDOTAPLAZA EXPANSION WHEREAS, the City ofMendota .Heights. (City) and Mendota: Mail Associates LLLP (Developer) entered into. Planned Unit Development .Agreement (Agreement) for the Mendota Plaza Expansion in May 2009; and WHEREAS, Article Six of the Agreement defines conditions to allow the transfer or conveyance of a portion of the planned unit development; and WHEREAS, the Developer has entered into a purchase agreement-for the sate of Lot 6, .Mendota Plaza Expansion to White Pine Holdings, LLC (White Pine); and WHEREAS, the Fourth Amendment to the Agreement (Fourth Amendment) approved in November, 2011 acknowledges that the City is in receipt of items 6.3 (a) Evidence of Developer Experience; 6.3 (c) Agreement to be Bound; and 6.3 (d) Form of Transfer Documents of the Agreement; and WHEREAS, the Fifth Amendment to the Agreement (Fifth Amendment) presented to The City of Mendota. Heights defines CG Mendota Heights WPSL, LLC, as the recipient of Lot. 6, Mendota Plaza .Expansion; and WHEREAS, Mi.nnwest Bank, M.V. has provided a letter attesting to the credit - worthiness of CG Mendota Heights, WPSL, LLC. NOW THEREFORE BE IT RESOLVED by the City .Council of the City of Mendota Heights that consent to transfer Lot 6, Mendota Plaza Redevelopment is hereby approved pursuant.to Section 6.2 of the Agreement and Section 11 of the Fourth Amendment and Section 4 of the Fifth Amendment. I:l:. Adopted by the City Council of the City of Mendota Heights this third day of July, 2012. City Council ATTES Lorri Smith City Clerk STATE OF MINNESOTA ) COUNTY OF DAKOTA ) s.s. CITY OF MENDOTA HEIGHTS I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby CERTIFY that the attached Resolution No: 2012 -49: RESOLUTION APPROVING CONSENT TO TRANSFER LOT 6, MENDOTA PLAZA EXPANSION is an exact copy of said Resolution on file in my office. Signed and sealed by my hand on this 911, day of July 2012. L � � L ri SInith City Clerk (SEAL) Drafted by the City of Mendota Heights, Minnesota, 1101 Victoria Curve, Mendota Heights, MN 55118 Res. 42-49 page 2 Receipt#: 213263 ABSTRACT FEE Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55116 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 12 -49 2878928 $46.00 Recorded on: 719/2012 09:00:01AM By: DDW, Deputy Joel T. Beckman County Recorder Dakota County, MN RESOLUTION APPROVING CONSENT TO TRANSFER LOT 6, MENDOTA PLAZA REDEVELOPMEN I, WHEREAS, the City of Mendota Heights (City) and Mendota Mall Associates LLP (Developer) entered into Planned Unit Development Agreement (Agreement) for the Mendota Plaza Redevelopment in May 2009; and WHEREAS, Article Six of the Agreement defines conditions to allow the transfer or conveyance of a portion of the planned unit development; and WHEREAS, the Developer has entered into a purchase agreement for the sale of Lot 6, Mendota Plaza Redevelopment to White Pine Holdings, LLC (White Pine); and WHEREAS, the Fourth Amendment to the Agreement (Fourth Amendment) approved in November, 2011 acknowledges that the City is in receipt of items 6.3 (a) Evidence of Developer Experience; 6.3 (c) Agreement to be Bound; and 6.3 (d) Form of Transfer Documents of the Agreement; and WHEREAS, the Fifth Amendment to the Agreement (Fifth Amendment) presented to The City of Mendota Heights defines CG Mendota Heights WPSL, LLC. as the recipient of Lot 6, Mendota Plaza Redevelopment; and WHEREAS, Minnwest Bank, M.V. has provided a letter attesting to the credit- worthiness of CG Mendota Heights, WPSL, LLC. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that consent to transfer Lot 6, Mendota Plaza Redevelopment is hereby approved pursuant to Section 6.2 of the Agreement and Section 11 of the Fourth Amendment and Section 4 of the Fifth Amendment. Adopted by the City Council of the City of Mendota Heights this third day of July, 2012. ATTES '7/�, jj Lorri Smith City Clerk STATE OF MINNESOTA ) COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) City Council I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, Minnesota, do hereby CERTIFY that the attached Resolution No: 2012 -49: RESOLUTION APPROVING CONSENT TO TRANSFER LOT 6, MENDOTA PLAZA REDEVELOPMENT, is an exact copy of said Resolution on file in my office. Signed and se led b,' my1and on this 611, day of July 2012. Lv • '• N a n •y�2 v �ly `yY . Lorri Smith t City Clerk ` e♦ yr ti � �. ry ♦ u ♦ O 7 a' Res. 12 -49 page 2