5.5. SR 03-16-2009Elk REQUEST FOR ACTION
.~..,
River
To Item Number
Ci Council 5.5.
Agenda Section Meeting Date Prepared by
Community Develo ment March 16, 2009 Jeremy Barnhart, Plannin Mana er
Item Description Reviewed by
Termination of Development Agreements: Hillside Crossing
and Hillside Estates Reviewed by
Action Requested
The developer of the two projects has requested the City formally terminate the Development
Agreements. The City Engineer and City Attorney have reviewed the request. Staff recommends
termination of the agreements.
Background/Discussion
Hillside Estates is a 1992 project and Hillside Crossing is a 1994 project.
All aspects of the project have been completed and accepted by the City. All assessments have been paid.
The developer desires the termination of the agreement as the agreement encumbers unsold properties,
clouding the title.
Financial Impact
None
Attachments
^ Letter from Riverside Development dated March 16, 2009
^ Termination of Development Agreement document
Action Motion by Second by Vote
Follow Up
S:\PT.ANNTNG MAIN\Case Files\Plat\Ternvnation of agreement.doc
RIVERSIDE
Riverside Development Company
Pioneer Inveshnents, LLC
LC Development, LLG
March 10, 2009
Planning Department
Mr. Jeremy Barnhart
City of Ells River
13065 Orono Parkway
Elk River, MN 55330
Re: Intent to Terminate and Release: Development Agreements
Dear Mr. Barnhart,
ANIES
Phoenix Enterprises, LLC
CM Points Haldinss, LLC
Franklin 1evelopment [nc.
Riverside Companies requests that the City of Elk River sign this Letter of Intent to
Terminate. and Release the Developer Agreements with the City of Elk River dated
August 30, 1994,. recorded August 30, 1994 as Document No. 299486(18} and the
Addendum to the Developer. Agreement with the City of Elk River dated October 28,
1992, recorded November 13, 1992 as Document I~lo. 269108(14). We ask that the
Termination and Release of the above mentioned Developer Agreements be placed on the
March 16, 2009 City Council meeting agenda for approval. Please sign and date below in
the space provided. Contact me with any questions. Thank you.
Sincerely,
Edward C. Youngquist
Project Manager
Elk River -City Planner
Elk-River -City Attorney
19230 Evans Street NW * Suite .115 • Elk River, MN 55330
.Phone: 763-241-1801 • Fax: 763-241-.1399
TERMINATION OF DEVELOPMENT AGREEMENTS
The City of Elk River, a Minnesota municipal corporation (the "City"), Richard C.
Foster ("Developer"), Coborn Realty Company Limited Partnership, a Minnesota limited
partnership ("Coborn Realty") and Coborn's, Incorporated, a Minnesota corporation
"Coborn's") make this Termination of Development Agreements (this "Termination") effective
as of March , 2009 (the "Effective Date").
Recitals
A. Coborn's owns Lot One (1), Block Two (2), Hillside Crossing, Sherburne County,
Minnesota ("Lot 1 ").
B. Coborn Realty owns Lot Two (2), Block Two (2), Hillside Crossing, Sherburne
County, Minnesota ("Lot 2").
C. Lot 1 and Lot 2 referred to collectively herein as the "Lots".
D. The City entered into an Addendum to Development Agreement Hillside Estates
First Addition with Richard C. Foster, (the "Hillside Estates Developer") dated
October 28, 1992, and recorded November 13, 1992, as Document No. 269108 in
the office of the County Recorder, in and for Sherburne County, Minnesota (the
"Hillside Estates Development Agreement"), which was recorded against the
Lots.
E. The City also entered into a Developer Agreement Hillside Crossing with Richard
C. Foster and Anita L. Foster, husband and wife dated August 30, 1994, and
recorded with the Sherburne County Recorder on August 30, 1994, as Document
No. 299486 (the "Hillside Crossing Developer Agreement"), which was recorded
against the Lots.
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F. The Hillside Estates Development Agreement and the Hillside Crossing
Developer Agreement are referred to collectively as the "Development
Agreements."
For good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties certify and agree as follows:
L The Developer under the Development Agreements has completely satisfied and
complied with all of the terms of the respective Development Agreements.
2. The Development Agreements are null and void and are terminated as of the
Effective Date of this Termination.
3. This Termination of Development Agreements may be recorded by Developers
against the Lots.
4. The County Recorder in and for the County of Sherburne, State of Minnesota, is
authorized to accept this instrument for recording and filing as a conclusive determination of the
termination and release of all covenants and restrictions set forth in the Development
Agreements.
5. This Agreement may be executed in any number of counterparts, and by the
parties hereto in separate counterparts, each of which when so executed and delivered shall be
deemed an original, but all such counterparts together shall constitute but one and the same
instrument.
The undersigned have executed this Termination of Development Agreements as of the
Effective Date.
[Remainder ofpage intentionally left blank. Signature pages follow.)
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CITY OF ELK RIVER
By
Its: Mayor
By
Its: City Clerk
STATE OF MINNESOTA )
SS
COUNTY OF )
On this day of , 2009, before me, a Notary Public for this
County, personally appeared Stephanie Klinzing, to me personally known, who, being by me
duly sworn did say that s/he is the Mayor of the City of Elk River, the Minnesota municipal
corporation named in the foregoing instrument, and that said instrument was signed on behalf of
said corporation by authority of its City Council and acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
STATE OF MINNESOTA )
SS
COUNTY OF )
On this day of , 2009, before me, a Notary Public for this
County, personally appeared Tina Allard, to me personally known, who, being by me duly sworn
did say that s/he is the City Clerk of the City of Elk River, the Minnesota municipal corporation
named in the foregoing instrument, and that said instrument was signed on behalf of said
corporation by authority of its City Council and acknowledged said instrument to be the free act
and deed of said corporation.
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Notary Public
STATE OF MINNESOTA )
SS
COUNTY OF )
Richard C. Foster
On this day of , 2009 before me, a Notary Public for this County,
personally appeared Richard C. Foster, who I know to be the person described in the foregoing
instrument, and who acknowledged that he executed that instrument as his free act and deed.
Notary Public
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COBORN REALTY COMPANY LIMITED
PARTNERSHIP
By: Coborn Realty Company LLC,
General Partner
By
Mark Coborn,
Chief Manager
STATE OF MINNESOTA )
SS
COUNTY OF )
On this day of , 2009, before me, a Notary Public for
this County, personally appeared Mark Coborn, to me personally known, who, being by me duly
sworn did say that he is the Chief Manager of Coborn Realty Company, LLC, LLC, a Minnesota
limited liability company, the General Partner of Coborn Realty Company Limited Partnership,
and that said instrument was signed on behalf of said limited liability company by authority of its
members and acknowledged said instrument to be the free act and deed of said limited liability
company
Notary Public
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COBORN'S, INCORPORATED
STATE OF MINNESOTA )
SS
COUNTY OF )
By
Its
On this _ day of , 2009, before me, a Notary Public for this County,
personally appeared , to me personally known, who, being by me
duly sworn did say that he/she is the of Coborn's Incorporated, and
that said instrument was signed on behalf of said corporation by authority of its Board of
Directors and acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Rinke-Noonan
1015 West St. Germain, Suite 300
P.O. Box 1497
St. Cloud, MN 56302-1497
(320) 251-6700
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