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HomeMy WebLinkAbout2022-094CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO.2022-94 RESOLUTION APPROVING EARLY ACCESS AGREEMENT WITH BPOZ COLUMBIA HEIGHTS, LLC FOR THE BUILDOUT OF THE CITY HALL CONDO UNIT AT THE 40Tx AND CENTRAL REDEVELOPMENT SITE BE IT RESOLVED by the City Council ("Council") of the City of Columbia Heights, Minnesota ("City") as follows: Section 1. Recitals. 1.01. BPOZ Columbia Heights, LLC, a Delaware limited liability company (`BPOZ") is the developer of The Heights ("Project"), a mixed -use building condominium to be formed under Minnesota law consisting of 266 multifamily rental apartment dwellings and 21,256 sq. ft. of a grey -shell finish space (city hall) condominium units (individually, "Unit" and collectively "Units") and related common elements to be constructed on property more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"). 1.02. BPOZ and City have entered into that certain City Hall Transfer Agreement dated as of October 27, 2020 (the "Purchase Agreement"), for the purchase by City of one of the Units as more fully defined within the Purchase Agreement ("City's Unit"). 1.03. BPOZ's obligations under the Purchase Agreement include, among other things, filing of the condominium plat and condominium declaration ("Plat and Declaration") which create the Units as separate legal parcels including City's Unit which subsequently can be conveyed by deed and transferred to City at the Closing as contemplated by the Purchase Agreement. 1.04. Through no fault of BPOZ, the Plat and Declaration have yet to be recorded with Anoka County thus delaying the closing of the transfer of the City's Unit to City. 1.05. City wishes to commence construction activity within the City's Unit notwithstanding the fact that the Closing has not occurred, and the Plat and Declaration have not yet been filed. Section 2. Egft Access Agreement Approval. 2.01 The Early Access Agreement 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 City Manager, provided that execution of the Agreement by such official shall be conclusive evidence of approval. 2.02. The City Manager is hereby authorized to execute on behalf of the City the Early Access Agreement and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. 2.03. 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 loth day of October 2022. Offered by: Novitsky Seconded by: Murzyn Roll Call: All Ayes ATTEST: 4 Sara Ion, City Clerk/Council Secretary Z � �11A I * Y, , , /1, . 'J" A a" Z Marquez Simula, Mayor -2- EXHIBIT A TO RESOLUTION APPROVING EARLY ACCESS AGREEMENT Authority Parcels: Parcel 1 (Abstract and Torrens - Certificate of Title No. 142077): Lot 32, Block 6, Reservoir Hills, Anoka County, Minnesota. Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota. The vacated alley adjacent to Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota. Those parts of Lots 28 through 31, Block 6, Reservoir Hills; Lots 23 and 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; and of the vacated alley adjacent to Lot 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; lying Southwesterly and Westerly of the following described line: Beginning at a point on the South line of Block 1, Walton's Rearrangement, said point being 18.00 feet West of the Southeast corner of Lot 23, of said Block 1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with the East line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the North line of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly of the Northwest corner of said Lot 30 and there terminating. The following portion of the above description being registered land: That part of Lot Twenty-three (23), Block One (1), Walton's Rearrangement of Lots Thirty-three (33) and Thirty-four (34), Block Six (6), Reservoir Hills, lying southwesterly and westerly of the following described line: Beginning at a point on the South line of said Block 1, Walton's Rearrangement, said point being 18.00 feet West of the southeast corner of Lot 23 of said Block 1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with said east line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the north line of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly of the northwest corner of said Lot 30 and there terminating. Parcel 2 (Abstract): Those parts of Lots 27 through 31, Block 6, Reservoir Hills and those parts of Lots 23 and 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of the vacated alley abutting Block 1, "Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills", as dedicated in said plat, lying within the following described tract: Commencing at a point on the south line of said Block 1, Walton's Rearrangement distant 18.00 feet west of the southeast corner of Lot 23, said Block 1, Walton's Rearrangement; thence northerly on a line 18.00 feet west of and parallel with the east line of said Lot 23, a distance of 87.00 feet, to the actual point of -3- beginning of the tract to be described; thence continuing northerly on the extension of said line to the north line of Block 6, Reservoir Hills; thence westerly along said north line of Block 6, to a point being 47.23 feet easterly of the northwest corner of Lot 30, Block 6, Reservoir Hills; thence southeasterly, to the point of beginning; Excepting therefrom Tract A, Registered Land Survey No. 250, Anoka County, Minnesota. Parcel 3 (Torrens - Certificate of Title No. 142076): Tract A, Registered Land Survey No. 250, Anoka County, Minnesota. City Parcels: Parcel 4 (Torrens-Certificate of Title No. 116494): Tract B, Registered Land Survey No. 250, Anoka County, Minnesota. Parcel 5 (Abstract): Lots 24, 25, and 26, Block 6, Reservoir Hills. Lots 20, 21, and 22, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, and all of the vacated alley adjacent to said Lots 20, 21, and 22. Those parts of Lot 27, Block 6, Reservoir Hills and of Lot 23, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of that part of the vacated alley abutting Block 1, "Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills", as dedicated in said plat, which lies westerly of the northerly extension of the east line of Lot 23, said Block 1, lying easterly of the following described line: Beginning at a point on the south line of said Block 1, Walton's Rearrangement, said point being 18.00 feet west from the Southeast corner of Lot 23 of said Block 1, Walton's Rearrangement; thence northerly on a line 18.00 feet west of and parallel with the east line of said Lot 23, to the north line of said Block 6, Reservoir Hills. Excepting therefrom Tract B, Registered Land Survey No. 250, Anoka County, Minnesota. Parcel 6 (Torrens - Certificate of Title No. 115040): Lot 19, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota.