1h. Agreement to terminate dev contract Burdick CITYOF
1 40041 CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Anion by City Adrrltnistfetot
Dtdorsed ✓ Du) A
' MEMORANDUM Modified
Rejected
TO: Don Ashworth, City Manager Q-` .// q2
Date Submitted to Commission
1 FROM: Todd Gerhardt, Assistant City Manager _
rob 5 ;tici in Council
DATE: November 4, 1992
ll - 1 -9z—
SUBJ: Agreement to Terminate Development Contract and Release the Parties to the
Development Contract
Attached for the City Council's consideration is an agreement to terminate the Development
Contract by and between the City of Chanhassen and B.C. Burdick and Brigitte E. Burdick. The
development contract was approved by the city on July 26, 1990, and outlined the terms and
1 conditions of the plat for Burdick Park Second Addition.
On October 26, 1992, the City Council approved a new development contract for the old Burdick
Park Second Addition area. The new development contract outlines a new set of terms and
conditions for this site, the development of a Target Store, and replatting the area to the
Chanhassen Retail Addition.
' Recommendation
1 Staff would recommend approving the agreement to terminate the development contract between
the city and the Burdicks, releasing each other of the terms, conditions and provisions of this
contract dated July 26, 1990,
Attachment
1 1. Agreement to Terminate Development Contract.
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to: PRINTED ON RECYCLED PAPER
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AGREEMENT TO TERMINATE DEVELOPMENT CONTRACT
AND RELEASE THE PARTIES TO THE DEVELOPMENT
' CONTRACT
THIS AGREEMENT made this day of , 1992 by the City of
Chanhassen ( "City ") , a Minnesota municipal corporation and statutory city, and
B . C . Burdick and Brigitte E. Burdick, husband and wife ( "Burdick ") .
WITNESSETH:
' WHEREAS, the City of Chanhassen did enter into that certain Development
Contract with B.C. Burdick and Brigitte E. Burdick, husband and wife, dated July
26, 1990, filed August 20, 1990, as document Number 117161; and
1 WHEREAS, The Housing and Redevelopment Authority in and for the City of
Chanhassen (the "HRA ") intends to enter into that certain Contract for Private
Redevelopment with Dayton Hudson Corporation (the "DHC ") , dated October ,
' 1992 for a portion of the real property governed by the Development Contract
between the City and Burdick; and
' WHEREAS, as a condition for entering into the Private Contract for
Redevelopment, both the HRA and DHC require that the Development Contract by
and between the City and Burdick be terminated.
' NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which the City and Burdick
do hereby acknowledge, the City and Burdick declare as follows:
' 1. Termination of the Development Contract. The City and Burdick
terminate and declare to be null and void that certain Development Contract dated
July 26, 1990 and filed August 20, 1990 by and between the parties.
2. Release from all Terms, Conditions and Provisions. The City and
Burdick release each other from all terms, conditions and provisions of that certain
' Development Contract dated July 26, 1990 and filed August 20, 1990 and agree to
neither party has any cause of action against the other, arising from the
Development Contract.
' 3. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed 1
effective as of the day and year first above written.
CITY OF CHANHASSEN 1
By I Donald Chmiel, Mayor
By
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Donald W. Ashworth, City Manager
STATE OF MINNESOTA ) I
) SS
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
III
, 1992, by and by , respectively,
the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal
corporation, on its behalf .
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Notary Public 1
/ 1 . 6.27,, 6 / /
B y 1
B.C. Burdick
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By r ‘i-k �'� -- z c .
- 'Brigitte E. Burdick
STATE OF i'I V )
SS
I COUNTY OF /11///7/ i )
The foregoing instrument was acknowledged before me this day of
''U, i) ebetryyd, 1992, by z5 i A6 6 and by (' u .266-4 , husband and
wife. 0 1
4--z6,,,L, 10
Notary Public i 1
• Catherine L. MOynagh
c Hennepin Coop
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- My COM bp. 8-24.94 1
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GPW43374
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