13-1154r HRA RESOLUTION NO. 1154
RESOLUTION APPROVING FIRST AMENDMENT TO CROSS ACCESS EASEMENT
AGREEMENT BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN
AND FOR THE CITY OF RICHFIELD, MINNESOTA AND CANDLEWOOD
MINNEAPOLIS, MN, LLC
WHEREAS, pursuant to that certain Cross Access Easement Agreement, dated
June 22, 1998 (the "Easement Agreement"), between the Housing and Redevelopment
Authority in and for the City of Richfield, Minnesota (the "HRA") and Candlewood
Minneapolis, MN, LLC, a Delaware limited liability company ("Candlewood"), the HRA
has provided Candlewood with a non-exclusive easement for vehicular and pedestrian
traffic over and across portions of certain parcels of land located in the City of Richfield,
Minnesota (the "City") and as described in the Easement Agreement (the "HRA Parcel")
for purposes of ingress, egress, parking and maintenance of such easement; and
WHEREAS, pursuant to the Easement Agreement, Candlewood has provided
the HRA with a non-exclusive easement for vehicular and pedestrian traffic over and
across portions of certain parcels of land located in the City and as described in the
Easement Agreement (the "Candlewood Parcel") for purposes of ingress, egress, and
parking and maintenance of such easement; and
WHEREAS, it is proposed that the HRA Parcel be purchased by LaMettry's
Collision, Inc. (the "Buyer") and the Buyer has requested changes to the Easement
Agreement to clarify the temporary easement areas set out in the Easement
Agreement; and
WHEREAS, it has been further proposed that upon the sale of the HRA Parcel
by the HRA, a certain temporary access road will become a permanent access road and
Candlewood will no longer be responsible for any maintenance costs related to the
temporary or permanent access road; and
WHEREAS, the HRA has been presented with a First Amendment to Cross
Access Easement Agreement (the "First Amendment to Easement Agreement") between
the HRA and Candlewood; and
WHEREAS, the HRA has reviewed the First Amendment to Easement Agreement
and finds that the execution thereof by the HRA and performance of the HRA's obligations
thereunder are in the best interest of the City and its residents; and
NOW, THEREFORE, BE IT RESOLVED, by the Housing and Redevelopment
Authority in and for the City of Richfield, Minnesota as follows:
1. The First Amendment to Easement Agreement presented to the HRA and
on file with the Community Development Director are hereby in all respects approved,
subject to modifications that do not alter the substance of the transaction and that are
approved by the Chairperson and Executive Director; provided that execution of such
documents by such officials shall be conclusive evidence of approval.
2. The Chairperson and Executive Director are hereby authorized to execute
the First Amendment to Easement Agreement on behalf of the HRA and to carry out on
behalf of the HRA the HRA's obligations thereunder.
Adopted by the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota this 15th day of April, 2013.
Al/ /
S -v z/ J. Qu- A' ing Chair
ATTEST:
'•:TT Rubenstein ecretary