HomeMy WebLinkAboutResolution No. 269-18 - BloomRiverfront.PurchaseAgreement
RESOLUTION NO. ______
CITY OF ROCHESTER
COUNTY OF OLMSTED
STATE OF MINNESOTA
RESOLUTION APPROVING SALE OF REAL PROPERTY AND AUTHORIZING THE
EXECUTION OF A PURCHASE AGREEMENT
(BLOOM PROJECT)
BE IT RESOLVED by the Common Council (the “Council”) of the City of Rochester,
Minnesota (the “City”), as follows:
Section 1. Recitals.
1.01. The City is a home rule charter city and political subdivision duly organized and
existing under the Constitution and laws of the State of Minnesota.
1.02. The City has reviewed a proposal by Bloom International Realty, LLC, a
Delaware limited liability company (the “Developer”), to purchase from the City the real
property described in Exhibit A hereto (the “Land”) together with (1) all buildings and
improvements constructed or located on the Land (the “Buildings”), and (2) all easements and
rights benefiting or appurtenant to the Land (together with the Land and Buildings, the “Real
Property”).
1.03. To facilitate redevelopment of the Real Property, the parties have negotiated a
Purchase Agreement between the Developer and the City (the “Purchase Agreement”) in
connection with the conveyance of the Real Property.
Section 2. Approval of Purchase Agreement.
2.01. The Council finds and determines that the sale of the Real Property to the
Developer in accordance with the terms of the Purchase Agreement is in the public interest and
will further the objectives of its general plan of redevelopment in the City.
2.02. The Council hereby approves the Purchase Agreement in substantially the form
presented to the Council, together with any related documents necessary in connection therewith,
including without limitation all documents or certifications referenced in or attached to the
Purchase Agreement, and any deed or other documents necessary to carry out the Purchase
Agreement, all as set forth in the Purchase Agreement (collectively, the “Purchase Documents”)
and hereby authorizes the Mayor and City Clerk, to execute the same on behalf of the Council,
and to carry out, on behalf of the City, the City’s obligations thereunder, subject to the conditions
set forth therein.
2.03. The approval hereby given to the Purchase Documents includes approval of such
additional details therein as may be necessary and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be necessary and appropriate and approved by
legal counsel to the City and by the officers authorized herein to execute said documents prior to
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their execution; and said officers are hereby authorized to approve said changes on behalf of the
City. The execution of any instrument by the appropriate officers of the City herein authorized
shall be conclusive evidence of the approval of such document in accordance with the terms
hereof. In the event of absence or disability of the officers, any of the documents authorized by
this Resolution to be executed may be executed without further act or authorization of the
Council by any duly designated acting official, or by such other officer or officers of the Council
as, in the opinion of the City Attorney, may act in their behalf.
2.04. Upon execution and delivery of the Purchase Documents, the officers and
employees of the City are hereby authorized and directed to take or cause to be taken such
actions as may be necessary on behalf of the City to implement the Purchase Documents.
2.05. The Council hereby determines that the execution and performance of the
Purchase Documents will help realize the public purposes of the Act.
Section 3. Effective Date. This resolution shall be in full force and effect from and
after its passage.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF ROCHESTER,
MINNESOTA, THIS _______DAY OF _________, 2018.
___________________________
PRESIDENT OF SAID COUNCIL
ATTEST:
_________________________
CITY CLERK
Approved this ____ day of __________, 2018.
(Seal of the City of ___________________________
Rochester, Minnesota) MAYOR OF SAID CITY
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C E R T I F I C A T I O N
I, the undersigned City Clerk of the City of Rochester, Minnesota, do hereby certify the
following:
The foregoing is true and correct and a copy of the Resolution is on file and of record in the
offices of the City, which Resolution relates to calling a public hearing regarding approval of the
Purchase Agreement, and said Resolution was duly adopted by the Rochester Common Council at a
regular or special meeting of the Council held on the date therein indicated. Said meeting was duly called
and regularly held and was open to the public and was held at the place at which meetings of the Council
are regularly held, a quorum of the Council being present and acting throughout. Councilmember
______________________ moved the adoption of the Resolution, which motion was seconded by
Councilmember __________________________. A vote being taken on the motion, the following
members of the Council voted in favor of the Resolution:
and the following voted against the same:
Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full
force and effect and no action has been taken by the Council which would in any way alter or amend the
Resolution.
WITNESS MY HAND officially as the City Clerk of the City of Rochester, Minnesota, this
_____ day of _______________, 2018.
_________________________________________
City Clerk
City of Rochester, Minnesota
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EXHIBIT A
R EAL P ROPERTY
TRACT A (as described and depicted on the ALTA Survey by Widseth Smith Nolting dated
March 14, 2016):
That part of Block 20 in Moe and Old’s Addition to Rochester; bounded and described as
follows: Beginning at a point on the North line of said Block 20, distant 12 feet 8 Inches (12.67
feet) Westerly from the Northeast corner of Lot 6 in said Block 20; thence Westerly along said
North line of Block 20 a distance of 26 feet; thence Southerly parallel with the East line of said
Lot 6 to a point on the South line of said Lot 6; thence Easterly along said South line of Lot 6,
said South line being also the North line of Lot 4 in said Block 20, a distance of 10 feet, more or
less, to a point distant 60 feet Easterly from the Northwest corner of said Lot 4 (as relocated for
the widening of the alley to 30 feet in said Block 20); thence Southeasterly along a straight line
to a point on the South line of Lot 3 in said Block 20, distant 80 feet Easterly from the Southwest
corner thereof (as relocated), said South line of Lot 3 being also the North line of Lot 2 in said
Block 20; thence Southeasterly along a straight line to a point on the South line of said Lot 2,
distant 94 feet Easterly from the Southwest corner thereof (as relocated); thence Southerly
parallel with the West line of said Block a distance of 10 feet; thence Easterly parallel with the
South line of said Lot 2 a distance of 35 feet, more or less, to a point distant 10 feet Westerly,
measured at right angles, from the center line of the main track of the Chicago and North
Western Transportation Company (formerly the Chicago Great Western Railway Company), as
said main track is now located; thence Northerly parallel with said main track center line a
distance of 290 feet, more or less, to a point on the North line of said Block 20; thence Westerly
along said North line of Block 20 a distance of 40 feet, more or less, to the point of beginning.
AND
TRACT B (as described and depicted on the ALTA Survey by Widseth Smith Nolting dated
March 14, 2016):
Commencing at the southwest corner of Lot 1, Block: 20, Moe and Old’s Addition to Rochester,
Minnesota, thence north along the west line of Lots 1, 2, 3, and 4, in said Block to the northwest
corner of said Lot 4, thence east along the north line of said Lot 4, 60 feet, thence southeasterly
through Lots 4 and 3 on a line to a point on the south line of Lot 3, 80 feet east of the southwest
corner of said Lot 3, thence southeasterly through said Lot 2 on a line to a point on the south line
of Lot 2, 94 feet east of the southwest corner of said Lot 2, thence south 10 feet, thence east 35
feet, thence north 10 feet to the north line of said Lot 1, thence east one foot more or less to the
west line of the land deeded to the Wisconsin, Minnesota and Pacific Railroad Company by
Deed dated January 23, 1902, thence Southeasterly along said west line of the land. so deeded to
said Railroad Company, to a point on the south line of said Lot 1, 69 feet west of the southeast
corner thereof, thence west to place of beginning;
ALSO:
All that part of the Mill Reservation as platted in Moe and Old’s Addition to Rochester,
Minnesota, lying west of a line commencing at a point in the south line of Third Street Southeast,
20 feet east of the Mill and running thence south to Fourth Street Southeast, except therefrom a
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strip of land fronting on Broadway Street, and extending from Third Street Southeast to Fourth
Street Southeast, being 140 feet in width at the north end and 70 feet in width at the south end;
also 75 feet in width north and south running due north from the west side and the northwest
corner of the Mill on said Mill Reservation and extending east to the Zumbro River except so
much thereof as was conveyed to the Wisconsin, Minnesota and Pacific Railroad Company by
Deed 85-460.
ALSO:
The vacated portion of Third Street Southeast; and the vacated portion of the public alley
abutting Lots 1, 2, 3, and 4, Block 20, Moe and Old’s Addition to Rochester.
ALSO:
Lot 7 and the West 9 1/2 feet of Lot 6, Block 20, Moe and Old's Addition to the City of
Rochester, Olmsted County, Minnesota.
Excepting that portion of the above premises described as follows:
Commencing at the north property line of Fourth Street South East and continuing thence in a
Northeasterly direction along the East line of the alley for a distance of one hundred seventy-five
(175) feet, more or less; thence ninety degrees (90°) East to the retaining wall of the Zumbro
River; thence South along such retaining wall back to the North property line of Fourth Street
South East (the above exception being intended to exclude from this contract of conveyance
those buildings currently occupied by the Red Owl Stores, Inc. and the Time Theater, together
with fifty (50) feet of the parking strip directly contiguous thereto).
AND
TRACT H (as described and depicted on the ALTA Survey by Widseth Smith Nolting dated
March 14, 2016):
All that part of the Mill Reservation as platted In Moe and Olds’ Addition to Rochester,
Minnesota, described as: Commencing at a point on the North property line of 4th St. S.E. which
is 88.5 feet East of the East line of South Broadway (said point being on the Easterly line of the
public alley in said Mill Reservation); thence in a Northeasterly direction along the East line of
the alley for a distance of 175 feet more or less, thence 90 degrees East to the retaining wall of
the Zumbro River, thence South along such retaining wall back to the North property line of 4th
St. S.E., thence West along the North line of 4th St. S.E. to beginning, Olmsted County,
Minnesota.
Provided that the foregoing property shall be replatted by the Developer prior to Closing (as
defined in the Purchase Agreement) as required pursuant to the approved Incentive Development
Final Plan #R2018-001 CUP (the “Plat”), and the real property being conveyed by the City shall
exclude any property located within the Upper River Walk Easement Area (as defined in the
Purchase Agreement) and include only those portions as legally described in the Plat thereof
which are not dedicated to the public.
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