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HomeMy WebLinkAbout2022-076REVISED CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO.2022-76 RESOLUTION APPROVING THE DECLARATION/CIC PLAT, THE HEIGHTS, CIC #342, ANOKA COUNTY, MINNESOTA WHICH RECITES OWNERSHIP RIGHTS AND RESPONSIBILITIES, EASEMENTS, RESTRICTIONS AND CONDITIONS BETWEEN BPOZ, LLC. AND THE CITY OF COLUMBIA HEIGHTS, DEPICTS THE UNITS AND PROPERTY AND OTHERWISE CREATES THE COMMON INTEREST COMMUNITY KNOWN AS THE HEIGHTS. BE IT RESOLVED by the City Council ("Council") of the City of Columbia Heights, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The City and the Columbia Heights Economic Development Authority (the "Authority") have previously established the NE Business Center Tax Increment Financing District ("TIF District") within the Downtown Central Business District Redevelopment Project to promote the development and redevelopment of land which is underutilized within the City. 1.02. The City, the Economic Development Authority, and BPOZ Columbia Heights, LLC ("Developer") have previously entered into a Purchase and Redevelopment Contract (the "Contract"), which provided for the conveyance by the City and the Authority of the City/Authority Parcels located at the southeast corner of Central Avenue and 40th Avenue NE (the "Redevelopment Property") to the Developer, and the construction of improvements by the Developer of a multi -use facility comprising commercial space, a city hall, and multi -family housing (the "Minimum Improvements"). 1.03. The Contract provides that the Commercial Unit shall be conveyed by the Developer to the City after completion of the Minimum Improvements on the Redevelopment Property. 1.05. A Transfer Agreement between the City and Developer (the "Transfer Agreement") was entered into on October 27, 2020, in which each party agreed that upon completion of the Commercial Unit (the "City Hall Component") in a Grey Shell Condition as described therein, the Developer shall convey this Commercial Unit to the City for no additional consideration. 1.06 The City and Developer have negotiated the terms of the Declaration/CIC Plat as presented herein which includes, but is not limited to, allocation of common element ownership percentages, common expense liability and voting rights, ownership rights and responsibilities, easements, covenants, restrictions and conditions of the parties. Section 2. ā¯‘eclaration/CIC Plat Approval. 2.01 The Declaration/CIC Plat as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the Agreement by such officials shall be conclusive evidence of approval. 2.02. City staff and consultants are authorized to take any action necessary to carry out the intent of this resolution. Adopted by the City Council of the City of Columbia Heights this 22"d day of August, 2022. Offered by: Buesgens Seconded by: Novitsky Roll Call: Aye: Buesgens, Novitsy, Marquez Simula Nay: Jacobs Absent: Murzyn Jr. ATTEST: Sara Ion, City Clerk/Council Secretary -2- A 'da Marquez Simula, Mayor