HomeMy WebLinkAbout1980-195 CCR Member Tony Kuefler introduced the following resolution and moved its
III adoption:
RESOLUTION NO. 80 -195
RESOLUTION REGARDING SUPPLEMENTAL PERFORMANCE AGREEMENT FOR
BROOKDALE TEN INVESTMENT COMPANY
WHEREAS, the City Council has previously considered a Stipulation for
Findings of Fact, Conclusions of Law, and Order for Judgment in Hennepin County
District Court Case File No. 757757 and 758278; and
WHEREAS, performance by Brookdale Ten Investment Company was incomplete
all as set forth in the performance agreement which is attached hereto and made
a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Mayor and the City Manager are authorized to execute
the Stipulation for Findings of Fact, Conclusions of Law and Order for Judgment
and to execute the performance agreement attached hereto said performance agree-
ment and Stipulation for Findings of Fact, Conclusions of Law and Order for
Judgment to become effective upon the deposit by Brookdale Ten Investment Company
of a cash escrow of $1,500 with the Director of Planning and Inspections.
August 11, 1980
J,40 .....111"
Date Mayor
v
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia
Scott; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
x
III ERFORMANCE,AGREEMENT
This Agreement is made between Brookdale Ten Investments Company,
-a limited partnership hereinafter called Brookdale Ten and the City of
Brooklyn Center, a Minnesota Municipal Corporation hereinafter called the
amity.
'WHEREAS, the parties have stipulated and agreed to enter a consent
judgment under Hennepin County District Court File 757757 and 758278 and
release Brookdale Ten from further obligation under the Performance Agree-
ment which is the subject matter of that litigation; and
IHEREAS, a small area of the grounds of Brookdale Ten require seeding'
with grass seed; and
VHEREAS, such seeding will be more feasible in September of 1980, due
to improved growing conditions,
NOW, THEREFORE, It Is Agreed between the parties hereto that Brookdale
Ten shall place One Thousand Five Hundred and no /100 ($1,500.00) Dollars, rssh,
III In escrow with the City upon the condition that the $1,500 will be returned
after Brookdale Ten does the required seeding in September of 1980, PROVIDED
ELOWEVER, that if the said seeding is not completed by October 1-of 1980, the
cash escrow will be used by the City to do the required seeding and any balance
remaining will be refunded to Brookdale Ten.
PROVIDED Further, that Brookdale Ten hereby grants a license to the
City of Brooklyn Center to do the required seeding in the event such seeding
is required by the City.
"This Agreement shall become effective upon the deposit of the cash
escrow by Brookdale Ten and upon the execution of the STIPULATION FOR FINDINGS
OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT in Hennepin County District
Court Case File No. 757757 and 758278.
BROOKDALE TEN INVESTMENT COMPANY, Inc.,
a limited partnership
Bye
,Ronnie Rozman, General Partner
Lily OF BROOKLYN CENTER,
III a Minnesota municipal corporation
By:
Dean Nyquist, Mayor
TBy:
Gerald Splinter, City Manager