HomeMy WebLinkAboutOrdinance 1357ORDINANCE NO. 1357
Being an ordinance mending Ordinance No. 853, City Code of 1977, Authorizing to convey
certain real estate located at 572 38~ Avenue NE
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights may convey unto Quality Checked Construction,
the real property described as follows, to wit:
That part of Lot 10 lying West of the East 23.3 feet thereof; all of Lot 11, and the
East 11.6 feet of Lot 12, all in Block 89, Columbia Heights Annex to Minneapolis,
MN.
Section 2:
The Mayor and City Manager are herewith authorized to execute deed to
effectuate the conveyance of said real estate subject to the terms, purchase price,
and conditions specified in the attached agreement labeled "Exhibit A."
Section 3:
This ordinance shall be in full force and effect from and at~er thirty (30) days alter
its passage.
First Reading:
Second Reading:
Date of Passage:
September 22~ 1997
October 13, 1997
October 13, 1997
Offered by: Rue t t i'mann
Seconded by: Jo 11 y
Roll Call: A11 ayes
-Anne Student, Council Secretary
~o~Vlayor~:o s'eph SturdeCant --
8A~EAND DEVELOPHEHTAGREEKENT
RELATING TO
~72 38th Avenue N.E.
BY AlqDBETWEENTKE
CITY OF COLUMBIA HEIGHTS
Ouelitv Checked Construction, Inc.
BALI~ AND DEV~,O~N~qlT
THIS AeREEMENT, made and entered into this /~ day of
, 1997, by and between the City of Columbia Heights
(hereinafter called the "City"), and Oualitv Checked Construction.
Inc. (hereinafter called the "Developer");
WITNESSETH THAT, in the joint and mutual exercise of
their powers and in consideration of the mutual covenants contained
herein, the parties recite and agree as follows:
1.01. The ProDertT. The City now owns the property
described in the attached Exhibit "A", (the "Property") , located in
the City of Columbia Heights, Anoka County, Minnesota.
1.02. Facilities and Pro4ect. The Developer, in
accordance with City approval, plans to construct or cause to be
constructed on the Property a single family home. The Developer
shall provide the City with a copy of its plans and specifications
showing details on the style, exterior architectural features,
materials, color selections, etc. of the home to be constructed,
which plans and specifications shall be submitted to the City for
review and approval prior to the issuance of any building permits
on the property by the City of Columbia Heights.
Section 2. Bale/Purchase of Property.
2.01. ~ The City agrees to sell the Property to
Developer and the Developer agrees to purchase the Property from
the City for the purchase price of $ 19.000 . Developer shall
begin construction of the home within eighteen (18) months of the
date of execution of this Agreement and shall complete construction
within thirty (30) months from said start date, at which time the
City will convey fee title to the property by Quit Claim Deed to
Developer.
Beotton 3. Developer's Representations. The Developer hereby
represents, warrants and covenants to the City that:
3.01 Compliance. The Developer will comply with and
duly and promptly perform all of its obligations under this
Agreement and all related documents and instruments. Developer
will also comply with all State and local codes/ordinances.
· ~c~ca 4, D~ve~ousr~s U~de~aki~os,
4.01 New Construction. Developer shall be solely responsi-
ble for the construction, marketing and sale of the single family home
oaths Property. The minimum selling price (or estimated market value
if homesteaded and not sold) of said home shall be ~85.000.00..
4.02 Floor Plan. Developer will be responsible for
submitting to the City, and obtaining pre-approval of the floor plan
and front elevation of the home proposed to be constructed on the
Property. Said pre-approval must be obtained before the City of
Columbia Heights will issue any building permits to Developer.
4.03 Fees and Charges. The Developer will pay, when due,
all permit fees, connection charges, user charges or other charges
lawfully imposed by the City of Columbia Heights with respect to the
Property. Upon conveyance of the Property by the City, Developer
agrees to be responsible for payment of all recording fees and
transfer taxes resulting from the transfer of the Property.
4.04 Existino Xmprovemonts. The Developer will be
responsible for removing any existing structure, foundation and debris
from the property and will assure that water and sewer services are
stubbed to the boulevard at no cost to .the City. The Property is
currently vacant of any structure(s).
~ C~tv Undertaki~qS.
Section 6. Default.
6.01. Default. The failure to meet any condition of this
Agreement shall be an event of default.
6,02. Remedies. If an event of default occurs and is not
cured within 30 days of receivingwritten notice of said default, the
City may take one or more of the following actions:
a. suspend performance under this Agreement;
bo
terminate the Agreement, thereby rendering void
any promises or approvals contained in this
Agreement;
Co
retain bidder guarantee submitted as cash, cashier's
check, or money order in the amount of $1,000.00.
~ ~ All notices hereunder shall be in writing and
either delivered personally or mailed by certified mail, postage
prepaid, addressed to the parties at the following addresses=
City of Columbia Heights
590 40th Avenue N.E.
Columbia Heights, MN 55421-3878
Oualitv Checked Construction. Inc.
~6~Q0 Makah Street N.W.
A~gka. MN 55304
IN WITNESS NHEREOF~ the City and Developer have caused this
Agreement to be executed the day and year first above written.
CITY OF COLUMBIA HEIGHTS
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
By:
Its: ~
By: '~
Developer'
On this ~ day of ~ , 1997, before me, a Notary Public
within and for said County, appeared to me ~ersOnally kngwn,, who,.
being ~y m. duly sworn, did say that h./sh. %%~
named in the foregoing instrument, the Mayor
body corporate and politic under the laws of the State of Minnesota,
and that this instrument was signed as his/her free act and deed.
NOTARY PUBUC.MINNE.~OTA
ANOKA COUNTY
STATE OF MINNESOTA )
COUNTY OF ANOKA )
On this [~. day of ~ , 1997, before me, a Notary Public
within an~ for said County, appeared to me per.sonally known, who,
being by me duly sworn, did say that he is ~
named in the foregoing instrument, the City Manager of the City of
Columbia Heights, a body corporate and politic under the laws of the
State of Minnesota, and that this instrument was signed as his free
act and deed.
NOTARY PUBLIC-MINNESOTA
ANOKA COUNTY
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this Jq~ day of ~ , 1997, before me, a Notary Public
within and for said County, appeared to me personally known, who,
being by me duly sworn, did say that he/she %s ' - ' '
named in the foregoing instrument, and that this instrumehtwas ~igned
as his/her free act and deed.
Notary Pubii~
bt/tinag
Sale and Development Agreement Exhibit "A"
Lel~al Description for 572 38~ Avenue N.E.
That part of Lot 10 lying West of the East 23.3 feet thereot~ all of Lot 11, and the East 11.6 feet
of Lot 12, all in Block 89, Columbia Heights Annex to Minneapolis, MN.