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HomeMy WebLinkAbout06-070 tliPRl~ ~o~ 16200 Eagle Creek Avenue S.E. U rr; Prior Lake, MN 55372-1714 ~NESV RESOLUTION 06-070 A RESOLUTION AUTHORIZING A MODIFICATION TO THE PROPOSAL TO DEVELOP EXCESS CITY PROPERTY AT PARK NICOLLET DRIVE AND FRANKLIN TRAIL, ALLOWING FOR A 45-DA Y TIME EXTENSION TO EXECUTE A DEVELOPMENT AGREEMENT AND REQUIRING A $15,000 DEPOSIT TO THE CITY. Motion By: Erickson Second By: Millar WHEREAS, On May 27, 2005, Daniel O'Keefe, pursuant to a request for proposals to purchase an option to purchase City property for development, was the only person to submit a proposal on the T. J. Towing (Kortsch) property; and WHEREAS, The City Council considered and accepted the proposal including the description of the building to be constructed and the timelines for development proposed; and WHEREAS, On October 7, 2005, Mr. O'Keefe requested and was granted a six-month extension to April 7, 2006, to enter into a development agreement with the City; and WHEREAS, Mr. O'Keefe has learned that due to storm water constraints he cannot build a 30,000 square-foot building on the property as originally proposed and, therefore, has modified his proposal to include a 21,000 square-foot building instead; and WHEREAS, Mr. O'Keefe has obtained a verbal agreement from Park Nicollet to purchase the adjacent one-acre parcel which is to become part of this development; and WHEREAS, Mr. O'Keefe is now asking the City Council for a 45-day extension to execute a development agreement acceptable to the City. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The modification of the development proposal only with respect to building size from 30,000 to 21,000 square feet is hereby accepted. 3. The request to extend the deadline for the execution of a development agreement for 45 days from the date of this resolution is hereby approved conditioned on: \,CCLr<c'~ ~tm1~~ ,'n.",~i' \ ..0.... . c.~,f~<. . . I~ _' ,~' Phone 952.447.4230 / Fax 952.447.4245 a. Receipt of a $15,000 certified check surrendered to the City of Prior Lake no later than Monday, May 22, 2006, and b. Confirmation and receipt by the City of a written purchase agreement between Mr. O'Keefe and Park Nicollet for the adjacent parcel no later than the last day of the 45-dayextension. 4. In the event that Mr. O'Keefe fails to perform as set forth above in any way, the city will cancel the proposal and retain both the $15,000 deposit received with the proposal in 2005 and the deposit provided by May 22, 2006; and solicit new proposals for the development of this property. PASSED AND ADOPTED THIS 15th DAY OF MAY 2006. Haugen Dornbush Erickson LeMair Millar YES X X X Abstain X NO Haugen Dornbush Erickson LeMair Millar Abstain FmnkB~~er 1:\COUNCIL\RESOLUTIIADMINRES\2006\06-070 modify franklin-park nicollet developmentDOC