CR 09-018 Adopt Resolution Approving Certificate of Compliance - Excelsior Crossings RedevelopmentGITy OF
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HOPKINS
February 26, 2009
Council Report 2009 -018
Adopt Resolution Approving Certificate of Compliance - Excelsior Crossings Redevelopment
Proposed Action:
Staff recommends adoption of the following motion: Move that Council adopt Resolution
2009 -012 authorizing the Mayor and City Manager to sign a Certificate of Compliance in
accordance with the Excelsior Crossings PUD /Development agreement.
Overview.
In accordance with the Excelsior Crossings PUD /Development Agreement, a certificate of
compliance must be issued to the developer upon completion of: the regional storm water
facility, facility demolition and restoration work and the public trail located on the three acre
open space parcel adjacent to the storm water pond. OPUS has completed all of this work to
the satisfaction of the City. The City Attorney has reviewed the PUD /Development
Agreement and drafted the attached Certificate of Compliance.
Supporting information.
• Resolution 2009 -012
• Certificate of Compliance
Steven J. Stadler, Public Works Director
Financial Impact: $ 0 Budgeted: Y/N _n /a Source: n/a
Related Documents (CIP, ERP, etc.):
Notes:
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2009 -012
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN A
CERTIFICATE OF COMPLIANCE - EXCELSIOR CROSSINGS DEVELOPMENT
WHEREAS, the City entered into a PUD /Development Agreement with Opus Northwest
on August 14, 2006 that stipulated the conditions under which a Certificate of
Compliance would be issued to the developer and,
WHEREAS, the City Attorney and Public Works Director have determined that Opus
Northwest has met all said conditions for issuance of the Certificate of Compliance as
described in paragraphs 4.B., 12.B., and 12.J of the PUD /Development Agreement and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins,
Minnesota that the Mayor and City Manager are hereby authorized to sign the Certificate
of Compliance for the City of Hopkins.
Adopted by the City Council of the City of Hopkins this 3rd day of March 2009.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
CERTIFICATE OF COMPLIANCE
This Certificate of Compliance is executed by the City of Hopkins, a municipal
corporation under the laws of Minnesota, ( "City ") pursuant to that certain PUD /Development
Agreement between the City and Opus Northwest, L.L.C., a Delaware limited liability company,
( "Developer ") dated August 14, 2006, and recorded September 25, 2006, as Hennepin County
Registrar of Titles Document No. 4309783, and September 26, 2006, as Hennepin County
Recorder Document No. 8868919; as amended by an Amendment to PUD /Development
Agreement, dated January 26, 2007, and recorded February 1, 2007, as Hennepin County
Registrar of Titles Document No. 4353572 and Hennepin County Recorder Document No.
8931208; and amended by a Second Amendment to PUD/Development Agreement, dated
, 2008, and recorded , 2008, as Hennepin
County Registrar of Titles Document No. and Hennepin County
Recorder Document No. Said PUD/Development Agreement,
Amendment to PUD/Development Agreement and Second Amendment to PUD/Development
Agreement are herein collectively referred to as the "PUD Agreement ".
The City hereby certifies that the Developer has completed the Regional Storm Water
Facility, the Demolition and Restoration Work and the public trail located on the Three Acre
Open Space Parcel described in paragraphs 4.B., 12.B. and 12.J. of the PUD Agreement in
compliance with the provisions of said paragraphs 4.B., 12.13. and 12J.
CITY OF HOPKINS
By —
Its
By —
Its
Hopk ins .Opus /CertificateofCompl lance
STATE OF MINNESOTA
} ss
COUNTY OF HENNEPIN }
The foregoing instrument was acknowledged before me this day of
2009, by the
and the
of The City of Hopkins, a municipal corporation under the laws of
the State of Minnesota, on behalf of the municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Steiner & Curtiss, P.A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, Minnesota 55343
Hopkins .Opus /CertificateofCompliance 2