4.11 SR 11-21-2022
Request for Action
To Item Number
Mayor and City Council 4.11
Agenda Section Meeting Date Prepared by
Consent November 21, 2022 Justin Femrite, P.E., Public Works Director
Item Description Reviewed by
Estoppel Certificate for 14100 Business Center Drive Cal Portner, City Administrator
Reviewed by
Action Requested
Approve, by motion, an Estoppel Certificate for 14100 Business Center Drive.
Background/Discussion
The attached Estoppel Certificate is requested due to a change in ownership of the property. The certificate
affirms our retainage of the in-place easement on the property.
Staff has reviewed the Estoppel Certificate and finds its statements accurate.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - Agile
Attachments
Estoppel Certificate
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
ESTOPPEL CERTIFICATE
THE STATE OF MINNESOTA §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF SHERBURNE §
THIS ESTOPPEL CERTIFICATE (this “Certificate”) has been executed this _____ day
of _________________, 2022, by the City of Elk River, Minnesota, a municipal corporation
organized under the laws of the State of Minnesota (“City”), to and for the benefit of CRISTOBAL,
INC., a Delaware corporation (“Cristobal”).
R E C I T A L S:
A. Cristobal has now or will soon hereafter acquire fee title to that certain project
located at 14100 Business Center Drive, Elk River, Minnesota 55330 (the “Property”). The current
owner of the Property is JPM Capital Corporation, a Delaware corporation (“Seller”). The current
tenant at the Property is United Healthcare Services, Inc. (“United”).
B. Reference is made to that certain Sanitary Sewer Easement Agreement dated
August 2, 2011 and recorded on August 17, 2011 under Doc No. 735569 in the Office of the
County Recorder in Sherburne County, Minnesota (the “Easement”). Unless otherwise defined
herein, all initially capitalized terms have the respective meanings assigned to such terms in the
Easement.
C. As a condition to Cristobal’s acquisition of the Property, Cristobal has requested,
and the City has agreed, to deliver this Certificate with respect to certain matters covered under
the Easement. Cristobal would not have agreed to acquire the Property in the absence of this
Certificate.
In consideration of the recitals set forth above, the City hereby certifies to Cristobal, and
otherwise consents and approves, the following:
ARTICLE I
EASEMENT MATTERS
Section 1.01 Easement. The Easement is currently in full force and effect and has not,
except as noted above, been modified or otherwise amended. The Easement does not contain any
reacquisition or similar options. United has not defaulted under, nor otherwise violated the terms
set forth in, the Easement.
Section 1.02 Sewage Facilities. The Sewage Facilities have been installed to such
specifications as the City required, and have been approved by the City. United has reimbursed to
the City all costs incurred by the City to maintain, repair and replace the Sewage Facilities, through
the date hereof, as required under the Easement.
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ARTICLE II
MISCELLANEOUS
Section 2.01 Authority. All approvals and other actions required to authorize the City’s
execution of this Certificate have been received or otherwise taken.
Section 2.02 Reliance. The City acknowledges that Cristobal has the right to rely and
will rely upon this Certificate in connection with Cristobal’s acquisition of the Property.
IN WITNESS WHEREOF, this Certificate has been executed as of (but not necessarily
on) the date and year first above written.
\[Remainder of Page Intentionally Left Blank\]
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CITY OF ELK RIVER
By:
John J. Dietz, Mayor
And:
Tina Allard, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this ____ day of
_______________ 2022, by John J. Dietz and Tina Allard, respectively the Mayor and City Clerk
of the City of Elk River, a Minnesota municipal corporation, City, on behalf of the corporation and
pursuant to the authority granted by the City Council.
___________________________________
Notary Public
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