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HomeMy WebLinkAbout1985-146 CCRMember Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION NO. 85 °146 RESOLUTION APPROVING INSPECTION REPORT ON HI CREST SQUARE ESTATES AND DIRECTING STAFF TO COMPLETE WORK WITH FUNDS GUARANTEED UNDER LETTER OF CREDIT FROM CAMDEN NORTHWESTERN BANK WHEREAS, Application No. 82023 submitted by Bergstrom Realty for a 60 unit townhouse development at 69th Avenue North and Fremont Place was approved by the Brooklyn Center City Council on August 9, 1982, subject to certain conditions; and 1 WHEREAS, Condition No. 3 of said approval required the submission of a performance agreement and supporting financial guarantee to assure completion of approved site improvements; and WHEREAS, Bergstrom Realty, in the person of Kenneth L. Bergstrom, entered into a performance agreement with the City on August 16, 1982 with a completion date of August 9, 1983 and submitted a performance guarantee in the form of a $75,000 Irrevocable Letter of Credit (No. 302 from Camden Northwestern Bank) at that time; and WHEREAS, the Brooklyn Center City Council authorized a reduction in the performance guarantee to $45,000 on October 3, 1983 in lieu of partial completion of the approved site improvements; and WHEREAS, City staff have transmitted status reports to Bergstrom Realty regarding the required site improvements at Hi Crest Square Estates, including a report dated June 3, 1985 which informed the developer, Bergstrom Realty, that foreclosure on the performance guarantee would be pursued if all work was not completed by August 1, 1985; and WHEREAS, Bergstrom Realty has acknowledged receipt of the staff status reports, but has failed to complete or cause to be completed the required site improvements as of August 5, 1985; and WHEREAS, the incomplete status of the project site improvements has been documented in an inspection report memorandum dated August 6, 1985 which is attached hereto by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. That the staff inspection report dated August 6, 1985 pertaining to site improvements at Hi Crest Square Estates is hereby approved. 2. That City staff are hereby directed to complete or have completed under contract all unfinished or improperly completed site improvements at the Hi Crest Square townhouse development required by approval of Planning Commission Application No. 82023 in accordance with community standards. RESOLUTION` NO. 85 -146 3. That the costs of completing the approved site improvements be collected from Camden Northwestern Bank which, by its Irrevocable Letter of Credit No. 302, dated July 26, 1982, has agreed to guarantee such improvements up to a cost of $75,000. August 12, 1985 Date f Mayor ATTEST: L� The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis and upon a vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted.