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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.