HomeMy WebLinkAboutResolution No. 395-06 r
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City execute
a Letter of Clarification addressed to Opus Northwest LLC, a buyer of Lots 1, 2 and 3 of Block 1;
Lots 6, 7 and 8 of Block 5; Lots 1, 2, 3, 4, 5, 6, 7 and 8 of Block 6; and Outlots A, I, and J of
Maine Street Development and containing the following terms:
1. There is no current default by either Owner under the Development
Agreement and the City holds no sureties (for amenities or otherwise)
pursuant to the terms thereof.
2. Any future default by either Owner under the Development Agreement will
not impact the issuance to Buyer of building permits or certificates of
occupancy for any lot constituting a part of the Released Property.
3. The City will accept performance by Buyer of any remaining obligations of
Owners under the Development Agreement to the extent Buyer has such
right under any agreement it may have with an Owner.
• 4. The City will accept performance by Buyer of any obligations of Owners
under the Revocable Permit to the extent Buyer has such right under any
agreement it has with an Owner; and,
5. Owners intend on requesting a Revocable Permit for various amenity
improvements on public right-of-way, on public lands or on public
easements. Conditions of the Revocable Permit have not yet been drafted.
However, as a condition of said Permit, obligations for maintenance and
provisions for surety are needed. The City agrees to, upon written request
by Opus and after a City review and concurrence of deficiencies of
maintenance or completion of work elements, assign the Buyer the ability to
correct said deficiencies utilizing the provisions and funding outlined in the
Revocable Permit.
The Mayor and the City Clerk are authorized and directed to execute this Letter of
Clarification on behalf of the City.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS / DAY OF 2006.
R SIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS 18bh DAY OF , 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester,.Minnesota)
Res05\PW\DeVPgr\LtrOfCladfication Release S
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