Res 2015- 36 Certificate of Completion 745 South Plaza DriveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015-36
RESOLUTION ISSUING A CERTIFICATE OF COMPLETION OF ASSISTED LIVING
AT 745 SOUTH PLAZA DRIVE
WHEREAS, THE CITY OF MENDOTA HEIGHTS, a Minnesota statutory city (the "City"),
has entered into a Planned Unit Development Agreement dated as of April 30, 2009, with THE
MENDOTA MALL ASSOCIATES, LLP, a Minnesota limited liability partnership (the "Developer"),
recorded in the office of the County Recorder in and for Dakota County, Minnesota on August 19,
2010, as Document No. 2747291, as amended by that certain First Amendment to Planned Unit
Development Agreement dated as of January 16, 2010 and recorded August 19, 2010 in the office
of the Dakota County Recorder, as Document No. 2747292, as amended by that certain Second
Amendment to Planned Unit Development Agreement dated as of June 9, 2010 and recorded in
the office of the Dakota County Recorder on August 19, 2010, as Document No. 2747292, as
amended by that certain Third Amendment to Planned Unit Development Agreement dated as of
October 22, 2010 and recorded in the office of the Dakota County Recorder on December 8, 2010,
as Document No. 2771092, as amended by that certain Fourth Amendment to Planned Unit
Development Agreement dated as of November 28, 2011 and recorded in the office of the Dakota
County Recorder on April 10, 2012, as Document No. 2860812, and as amended by that certain
Fifth Amendment to Planned Unit Development Agreement dated as of July 3, 2012 and recorded
in the office of the Dakota County Recorder on July 12, 2012, as Document No. 2879898
(collectively the 'Development Agreement");
WHEREAS, the Development Agreement relates to certain real property in the County of
Dakota and State of Minnesota a portion of which is described in Exhibit A hereto (the "Assisted
Living Property"); and
WHEREAS, the Development Agreement incorporated and contained certain covenants,
conditions, obligations and requirements with regard to completion of construction of the building
improvements to be located on the Assisted Living Property and defined therein as "Assisted Living,"
in accordance with the Plans, as such term is defined therein; and
WHEREAS, the Developer, or Developer's successors and assigns have performed said
covenants, conditions, obligations and requirements insofar as it is able in a manner deemed sufficient by
the City to permit the execution and recording of this certification.
NOW, THEREFORE, this is to certify (i) that all building construction and other
physical improvements specified to be done and made by the Developer, or Developer's successors
and assigns, with regard to the Assisted Living Property have been completed and the covenants,
conditions, obligations and requirements relating to the Assisted Living Property contained in
the Development Agreement have been performed by the Developer, or Developer's
successors and assigns; (ii) that all covenants, conditions, obligations and requirements contained in
the Development Agreement with regard to the Assisted Living Property development are hereby
released (except for ongoing maintenance obligations and requirements as stated in the
Development Agreement and agreed to by the Assisted Living Property owner); and (iii) the
Dakota County Recorder is hereby authorized to accept for recording and to record the filing of this
instrument, to be a conclusive determination of the satisfactory termination of the covenants and
conditions of the Development Agreement relating to completion of construction of Assisted Living on
the Assisted Living Property.
The remainder of this page is intentionally left blank.
Dated: June 2, 2015.
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 4 day of j LA�k-f— 2015,
by Sandra Krebsbach, the Mayor and Lorri Smith, the City Clerk, of the CITY OF MENDOTA
HEIGHTS, a Minnesota statutory city, on behalf of the city.
-_ (=-fie ��/1/�`�---' � , .
Notary Public
This instrument drafted by:
Dorsey & Whitney LLP (MEH/jtw)
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
Signature page to Certificate of Completion of Assisted Living.
Legal Description — 745 South Plaza Drive
PID: 27-48401-01-060
Lot 6, Block 1, Mendota Plaza Expansion, Dakota County, Minnesota.
(Abstract Property)