Res 1997-53 Ce04713
RESOLUTION NO. 53 - 1997
RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA
DECLARING A BREACH OF A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF FRIDLEY AND TWO OTHER PARTIES
BY REASON OF THE NONPERFORMANCE BY THOSE PARTIES
OF THEIR OBLIGATIONS THEREUNDER, AND RESERVING FOR
THE CITY OF FRIDLEY THOSE REMEDIES AS MAY BE
AVAILABLE TO IT BY LAW
WHEREAS, the City of Fridley, Minnesota, entered into an Agreement
(hereinafter, the "Agreement") with Maynard Nielson and Robert DeGardner
(hereinafter, "The Developers") in 1984, a copy of which is attached
herewith and incorporated herein by reference, for the purpose of
effecting and facilitating the development of a parcel of land legally
described as Lots 3 and 21, not taken for street purposes, and all of
Lots 4 through 10 and 14 through 20 of Block 20, Fridley Park, as
recorded at the Office of the Anoka County Recorder; and
WHEREAS, the City was required, pursuant to the Agreement, to rezone the
above-described parcel to R-3, which was by the City Council on or about
September 24, 1984; and
WHEREAS, in consideration for this promise and action by the City, the
Developers agreed under the terms of the Agreement to undertake certain
actions, including, among others, the filing of a plat intended to
replat the above-described property; and
WHEREAS, the City Council has, on examination of the facts and records
of the City herein, determined that the Developers have performed none
of the promised actions at any time in the ensuing twelve or more years
since the execution of the Agreement; and
WHEREAS, the City Council finds that the ensuing period has been more
than sufficient time for the promised actions by the Developers to have
been performed.
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley finds and
declares the aforesaid Developers and any of their heirs and assigns, as
indicated in the Agreement, to be in breach of the Agreement.
BE IT FURTHER RESOLVED that the City staff shall be directed to take
such steps as may be necessary to rescind any Council action done in
reliance on the agreement, including, but not limited to, beginning the
necessary rezoning of the above-described parcel to what it had been
prior to its rezoning to R-3; and
BE IT FURTHER RESOLVED that the City of Fridley is no longer obligated
to perform any additional duties that might have otherwise have been
required in the event of timely compliance by the Developers to the
terms of the Agreement; and
c7
000 f'9
Page 2 -- Resolution No. 53 - 1997
BE IT FURTHER RESOLVED that the City of Fridley rescinds its approval of
the proposed plat for the parcel that had previously been approved by
the City in its action on September 24, 1984, which approved proposed
plat was never filed and put on
record with Anoka County.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH
DAY OF JULY, 1997.
0-1-c.o. i ' u�4--1►"�N J./T GE f.%- MAYOR
ATTEST: fill
Olid.414. O. ct0 WILLIAM A. CHAMPA - CIT CLERK
I