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EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE, RAMSEY COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville was held at City Hall, 2660 Civic Center Drive, Roseville, Minnesota, on Monday the 22nd day of September, 1997 at 6:30 p.m. The following members were present: Maschka, Mastel, Wi ski, Goedeke, and Wall. The following members were absent: None. Member Wiski moved its adoption. introduced the following resolution and Member Goedeke seconded the motion. RESOLUTION NO. 9460 RESOLUTION AUTHORIZING THE CITY'S EXECUTION OF AN INDEMNITY AGREEMENT IN FAVOR OF FIRST AMERICAN TITLE INSURANCE COMPANY IN CONNECTION WITH THE SALE OF LAND TO OPUS NORTHWEST, L.L.C. WHEREAS, the City of Roseville has entered into a Development Agreement with Opus Northwest, L.L.C. pursuant to Resolution No. 9419 adopted June 23, 1997. WHEREAS, the Development Agreement obligates the City to acquire certain property from individual owners thereof, assemble the property with other property the City owns, plat the properties as Gateway Business Park and convey lots in Gateway Business Park to Opus Northwest, L.L.C. WHEREAS, the Development Agreement obligates the City to convey marketable title to the lots to Opus Northwest, L.L.C. WHEREAS, the City is unable to convey marketable title to the Lots to Opus Northwest, L.L.C. at this time because the State of Minnesota has eliminated the right of access between the lots and the frontage road adjacent to Gateway Business Park as a part of condemnation proceedings in which the State of Minnesota acquired land for highways 280, 36 and 35W. WHEREAS, Opus Northwest, L.L.C. has agreed to accept title to the lots notwithstanding the lack of access based upon: 1. An agreement between the Minnesota Department of Transportation and the City pursuant to which the Minnesota Department of Transportation agreed to convey the frontage road to 364001.1