Res. #19-025 - Adopting Revised D.A & Cond. Use Permit (Bayview Villas)

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i' WIN ! ON KIVAN4433011 t ! _ RESOLUTION #19-025 A RESOLUTION ADOPTING REVISED DEVELOPMENT AGREEMENT AND CONDITIONAL USE PERMIT WHEREAS, RICHARD A. DEFOE AND KARNA J. DEFOE, ("Developer"), are the fee owners of the Plat for BAY VIEW VILLAS, and will soon transfer ownership to BAYVIEW VILLAS, LLC (also known as the "Developer"). The City desires to facility that property transfer by revising its land use documents to reflect this property transfer. WHEREAS, executing a revised Development Agreement and Conditional Use Permit will name the new property owner, Bayview Villas, LLC.. WHEREAS, pursuant to the City's requirements, the 100-day deadline to record the Bay View Villas Plat expired on 8/30/2019. Entering into a newly dated Development Agreement will reset that 100-day deadline. WHEREAS, executing a revised Development Agreement can properly identify the liens from Chase Bank and the I.R.S., and the new mortgage from Lake Elmo Bank. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Centerville, Minnesota, does Ordain, and 1. AUTHORIZES AND APPROVES EXECUTION of the attached, revised, Development and Subdivision Agreement, and Conditional Use Permit that reflect a transfer of the real property of Bay View Villas from ownership by the DeFoe family into a Limited Liability Company for development of that land. 2. APPROVES a revised Development and Subdivision Agreement effective from the date of this Resolution, that in part, a. Allows the Plat for Bay View Villas to be recorded no later than within 100 days from today; b. Allows for the temporary presence of two liens to be recorded before the priority of the Plat, Conditional Use Permit and this Agreement; c. Allows for the permanent presence of the mortgage written from Lake Elmo Bank recorded in priority before the Plat, Conditional Use Permit and this Agreement but making conditional on the Bank's execution of a subornation agreement.