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HomeMy WebLinkAbout2022-06-09 Council Agenda PacketCouncil Work Session Agenda June 9, 2022 – 6:00 pm 1.Call to Order / Roll Call 2.Lien Release* 3.Saint Therese Final Plat* 4.Unscheduled Items 5.Adjournment *Includes Materials - Materials relating to these agenda items can be found in the house agenda packet book located by the Council Chambers entrance, or online at the City’s website at www.corcoranmn.gov. HYBRID MEETING OPTION AVAILABLE The public is invited to attend the regular Council meetings at City Hall. Meeting Via Telephone/Other Electronic Means Call-in Instructions: +1 312 626 6799 US Enter Meeting ID: 824 3676 3781 Press *9 to speak during the Public Comment Sections in the meeting. Video Link and Instructions: https://us02web.zoom.us/j/82436763781 visit http://www.zoom.us and enter Meeting ID: 824 3676 3781 Participants can utilize the Raise Hand function to be recognized to speak during the Public Comment sections in the meeting. Participant video feeds will be muted. In-person comments will be received first, with the hybrid electronic means option following. For more information on options to provide public comment visit: www.corcoranmn.gov Item 2. 1 8200 County Road 116  Corcoran, MN 55340 763-420-2288  www.ci.corcoran.mn.us MEMO Meeting Date: June 9, 2022 To: Economic Development Authority From: Jessica Beise, City Administrator Re: Lien Release ____________________________________________________________________ The EDA has an interest in title for the Saint Therese Plat and the EDA will need to take action to clear title and complete a lien release. Item 3. 1 8200 County Road 116  Corcoran, MN 55340 763-420-2288  www.ci.corcoran.mn.us MEMO Meeting Date: June 9, 2022 To: Economic Development Authority From: Jessica Beise, City Administrator Re: Saint Therese Final Plat ____________________________________________________________________ The EDA has an interest in title for the Saint Therese Plat will need to authorize signature for plat recording. TERMINATION OF LEASE AGREEMENTS This Termination of Lease Agreements (this “Termination Agreement”) is entered into by and between the City of Corcoran, a Minnesota a home rule charter city and political subdivision of the State of Minnesota (the “City”) and the Corcoran Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota (the “EDA”), and shall be effective as of the last date of execution below. The City and the EDA are sometimes referred to herein collectively as the “parties” or each a “party”. RECITALS WHEREAS, pursuant to a ground lease dated October 7, 2004, filed March 28, 2005, as Document No. 4094165, by and between the City, lessor, and the EDA, lessee, the EDA acquired a leasehold interest in the land legally described in the attached Exhibit A (the “Property”) from the City (the “Ground Lease”); and WHEREAS, the EDA and the City entered into a Lease-Purchase Agreement, dated October 7, 2004, filed March 28, 2005, as Document No. 4094166, of the Property and certain improvements constructed thereon (the “Lease-Purchase Agreement”); and WHEREAS, Section 3.01(2) of the Ground Lease states that the same shall be terminated upon the City’s exercise of its option to prepay the Lease Payments contemplated in the Ground Lease and all other sums due in accordance with the terms and conditions of the Lease-Purchase Agreement; and WHEREAS, Section 5.1 of the Lease-Purchase Agreement sets forth a termination date of February 1, 2015 if not earlier terminated by full payment, and Section 5.2(b) states that the Lease-Purchase Agreement shall be terminated upon the City’s full payment of the Purchase Price; and Agenda Additional Item: 3. WHEREAS, the parties agree that the full Purchase Price and all other sums due in accordance with the terms and conditions of the Lease-Purchase Agreement were paid by the City during or before 2006; and WHEREAS, the parties agree that by operation of this full payment, both the Ground Lease and the Lease-Purchase Agreement were terminated in their entirety and are of no further effect. NOW, THEREFORE, the City and the EDA agree as follows: 1)The above recitals are made a part of this Termination Agreement as if set forth in full herein. 2)The parties agree and acknowledges that during or before 2006, all payment obligations due pursuant to the Lease-Purchase Agreement were made by the City in compliance with the Lease-Purchase Agreement and the Lease- Purchase Agreement was and is terminated in its entirety and is of no further effect. 3)The parties further agree that this full payment of all sums due in the Lease- Purchase Agreement terminated the Ground Lease and the parties agree that the Ground Lease was and is terminated in its entirety and is of no further effect. IN WITNESS WHEREOF, the parties hereto have caused this Termination Agreement to be executed as of the day and year indicated. CITY: CITY OF CORCORAN Dated: __________________ By: __________________________ Tom McKee Its Mayor Dated: __________________ By: __________________________ Jessica Beise Its Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2022, by Tom McKee, the Mayor and by Jessica Beise, the City Administrator of the City of Corcoran, a home rule charter city and political subdivision of the State of Minnesota, on behalf of the same. Notary Public EDA: CORCORAN ECONOMIC DEVELOPMENT AUTHORITY Dated: __________________ By: __________________________ Tom McKee Its President Dated: __________________ Attest: _______________________ Jessica Beise Its: Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2022, by Tom McKee, the President, and by Jessica Beise, the Secretary of the Corcoran Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the same. Notary Public THIS INSTRUMENT WAS DRAFTED BY: John J. Thames, Esq. CARSON, CLELLAND & SCHREDER 6300 Shingle Creek Parkway, Suite 305 Minneapolis, MN 55430 763-561-2800 EXHIBIT A (the “Property”) City of Corcoran Economic Development Authority June 9, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-EDA-01 Motion By: Seconded By: A RESOLUTION AUTHORIZING EXECUTION OF TERMINATION OF LEASE AGREEMENTS WHEREAS, the City of Corcoran (the “City”) is the owner of certain real property within the City of Corcoran, described on the attached Exhibit A (the “Property”); and WHEREAS, during a recent review of title of the Property, certain encumbrances to title were found to exist in the form of a ground lease and a lease-purchase agreement (collectively the “Leases”) between the City and the Corcoran Economic Development Authority (the “EDA”), both executed on October 7, 2004; and WHEREAS, a review of City and EDA records revealed that by 2006 all funds which were required to be paid pursuant to the Leases were paid and the Leases thereafter terminated; and WHEREAS, in the interest of clarifying the status of the Leases, the EDA desires to execute and record a mutually executed “Termination of Lease Agreements” with the City. NOW THEREFORE BE IT RESOLVED, the City of Corcoran Economic Development Authority hereby approves the Termination of Lease Agreements and authorizes the President and the Secretary or their respective designees to execute the same. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 9th day of June, 2022. ________________________________ Tom McKee – President ATTEST: ___________________________________ Jessica Beise – Secretary City Seal City of Corcoran Economic Development Authority June 9, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-EDA-01 EXHIBIT A The “Property” City of Corcoran Economic Development Authority June 9, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-EDA-02 Motion By: Seconded By: A RESOLUTION AUTHORIZING EXECUTION OF PLAT WHEREAS, the Corcoran Economic Development Authority (the “EDA”) is the owner of certain real property within the City of Corcoran, described on the attached Exhibit A (the “Property”); and WHEREAS, the Property is proposed to be included in the final plat proposed by St. Therese of Corcoran, LLC, and approved by the City of Corcoran, to be named “Town Center Addition” ; and WHEREAS, in order to record the final plat of Town Center Addition, the EDA must approve and sign the same; and WHEREAS, the EDA desires to approve and authorize signature of the final plat of Town Center Addition. NOW THEREFORE BE IT RESOLVED, the City of Corcoran Economic Development Authority hereby approves the final plat of the Town Center Addition and authorizes the President and the Secretary or their respective designees to execute the same. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 9th day of June, 2022. ________________________________ Tom McKee – President ATTEST: ___________________________________ Jessica Beise – Secretary City Seal EXHIBIT A City of Corcoran Economic Development Authority June 9, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-EDA-02 The “Property” The West 339.11 feet of the Southwest Quarter of the Northwest Quarter of Section 24, Township 119, Range 23, Hennepin County, Minnesota lying South of the following described line: Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter; thence North along the West line of said Southwest Quarter of the Northwest Quarter, a distance of 382.47 feet to the point of beginning of the line to be described; thence Easterly deflecting 77 degrees 18 minutes 13 seconds right, a distance of 347.61 feet to the East line of said West 339.11 feet of the Southwest Quarter of the Northwest Quarter and said line there terminating. which lies East of a line drawn parallel with a distant 40.0 feet Easterly of the West line of said Section 24; except that part thereof described as follows: Commencing at the Southwest corner of said Southwest Quarter of Northwest Quarter; thence Northerly, along the West line of said Southwest Quarter of Northwest Quarter 330.17 feet; thence Easterly, deflecting 90 degrees right 231.20 feet to the actual point of beginning of the parcel to be described; thence Northeasterly, deflecting 12 degrees 35 minutes 13 seconds left 60.00 feet; thence Southeasterly, deflecting 90 degrees right 63.00 feet; thence Southwesterly, deflecting 90 degrees right 60.00 feet; thence Northwesterly, deflecting 90 degrees right 63.00 feet to the point of beginning. Hennepin County, Minnesota Torrens Property City of Corcoran Economic Development Authority June 9, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-EDA-03 Motion By: Seconded By: A RESOLUTION APPOINTING OFFICERS WHEREAS, the Corcoran Economic Development Authority (the “EDA”) is comprised of five commissioners, who are the five members of the City Council; and WHEREAS, the bylaws of the EDA require the appointment of five officers: President, Vice- President, Treasurer, Secretary, and Assistance Treasurer; and WHEREAS, per Section 1 of the bylaws, the President, Vice-President and Treasurer offices must be held by a commissioner and the Secretary and Assistant Treasurer offices need not be held by a commissioner, but can be; and WHEREAS, no commissioner may hold the offices of President and Vice-President simultaneously, but all other offices may be held by the same commissioner; and WHEREAS, the EDA desires to appoint the necessary officers of the EDA as set forth in this Resolution. NOW THEREFORE BE IT RESOLVED, the City of Corcoran Economic Development Authority hereby appoints the following persons to the EDA officer positions as follows: President: ___________________________________ Vice-President: ___________________________________ Treasurer: ___________________________________ Secretary: ___________________________________ Assistant Treasurer: ___________________________________ These appointments are effective immediately upon passage of this Resolution. City of Corcoran Economic Development Authority June 9, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-EDA-03 VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 9th day of June, 2022. ________________________________ Tom McKee – President ATTEST: ___________________________________ Jessica Beise – Secretary City Seal City of Corcoran Economic Development Authority June 9, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-EDA-03 EXHIBIT A The “Property” The West 339.11 feet of the Southwest Quarter of the Northwest Quarter of Section 24, Township 119, Range 23, Hennepin County, Minnesota lying South of the following described line: Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter; thence North along the West line of said Southwest Quarter of the Northwest Quarter, a distance of 382.47 feet to the point of beginning of the line to be described; thence Easterly deflecting 77 degrees 18 minutes 13 seconds right, a distance of 347.61 feet to the East line of said West 339.11 feet of the Southwest Quarter of the Northwest Quarter and said line there terminating. which lies East of a line drawn parallel with a distant 40.0 feet Easterly of the West line of said Section 24; except that part thereof described as follows: Commencing at the Southwest corner of said Southwest Quarter of Northwest Quarter; thence Northerly, along the West line of said Southwest Quarter of Northwest Quarter 330.17 feet; thence Easterly, deflecting 90 degrees right 231.20 feet to the actual point of beginning of the parcel to be described; thence Northeasterly, deflecting 12 degrees 35 minutes 13 seconds left 60.00 feet; thence Southeasterly, deflecting 90 degrees right 63.00 feet; thence Southwesterly, deflecting 90 degrees right 60.00 feet; thence Northwesterly, deflecting 90 degrees right 63.00 feet to the point of beginning. Hennepin County, Minnesota Torrens Property City of Corcoran June 9, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-EDA-04 Motion By: Seconded By: A RESOLUTION AUTHORIZING EXECUTION OF TERMINATION OF LEASE AGREEMENTS WHEREAS, the City of Corcoran (the “City”) is the owner of certain real property within the City of Corcoran, described on the attached Exhibit A (the “Property”); and WHEREAS, during a recent review of title of the Property, certain encumbrances to title were found to exist in the form of a ground lease and a lease-purchase agreement (collectively the “Leases”) between the City and the Corcoran Economic Development Authority (the “EDA”), both executed on October 7, 2004; and WHEREAS, a review of City records revealed that by 2006 all funds which were required to be paid pursuant to the Leases were paid and the Leases thereafter terminated; and WHEREAS, in the interest of clarifying the status of the Leases, the City desires to execute and record a mutually executed “Termination of Lease Agreements” with the EDA. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran hereby approves the Termination of Lease Agreements and authorizes the Mayor and the Administrator or their respective designees to execute the same. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 9th day of June, 2022. ________________________________ Tom McKee – Mayor ATTEST: ___________________________________ Jessica Beise – City Administrator City Seal City of Corcoran June 9, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-EDA-04 EXHIBIT A The “Property”