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Home My WebLink AboutOrdinance - 9-2019 - Abra Auto Body Amending Ordinance 2019-3 - 04/11/2019 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING ORDINANCE NO. 3-2019, RESOLUTION NOS. 2019-16 AND 2019-17 AND DEVELOPMENT AGREEMENT DATED JANUARY 22, 2019 BETWEEN KTJ 315 LLC AND THE CITY OF EDEN PRAIRIE WHEREAS, The City Council approved Ordinance No. 2019-3 and Resolution Nos. 2019- 16 and 2019-17 and Development Agreement between KTJ 315 LLC and City of Eden Prairie on January 22, 2019, approving the plans for the construction of an Abra Auto Body; and WHEREAS, The Ordinance, Resolutions, and Development Agreement were approved contingent upon receipt by the City of an amendment to Title Insurance Commitment No. NCS- 896608-MPLS for the Property showing that title to the Property is vested solely in Oppidan Holdings, LLC, a Minnesota limited liability company; and removing reference to Kal Stay, LLC, a Minnesota limited liability company, no later than March 25, 2019; and WHEREAS, Abra Auto Body and Caliber are in the process of a corporate merger which has impacted the timeline to provide an amendment to Title Insurance Commitment No. NCS- 896608-MPLS by March 25, 2019; and WHEREAS, Oppidan Holdings, LLC advised the City of the matter on March 26, 2019. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS as follows: Section 1. This ordinance amends Ordinance No. 2019-3, Resolution Nos. 2019-16 and 2019-17 and Development Agreement between KTJ 315 LLC and the City of Eden Prairie dated January 22, 2019 to retroactively extend the date by which an amendment to Title Insurance Commitment No. NCS-896608-MPLS for the Property showing that title to the Property is vested solely in Oppidan Holdings, LLC, a Minnesota limited liability company; and removing reference to Kal Stay, LLC, a Minnesota limited liability company, shall be provided to the City by May 31, 2019, and shall become effective from and after its passage and publication. Section 2. This Ordinance shall be effective immediately upon its passage and publication FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of April, 2019, and finally read and adopted and ordered published at a regular meeting of the City Council on the 2nd day of April, 2019. Kath en Porta, City Clerk Ronald A. Case, Mayor Published in the Eden Prairie News on the 11 th day of April, 2019. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.9-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING ORDINANCE NO. 2019-3, RESOLUTION NOS.2019-16 AND 2019-17 AND DEVELOPMENT AGREEMENT DATED JANUARY 22, 2019 BETWEEN KTJ 315 LLC AND THE CITY OF EDEN PRAIRIE Affidavit of Publication WHEREAS,The City Council approved Ordinance No. 2019- 3 and Resolution Nos. 2019-16 Southwest Newspapers 9-16 and 2019-17 and Development Agreement between KTJ 315 LLC and City of Eden Prairie on State of Minnesota January 22,2019, approving the plans for the construction of an )SS. Abra Auto Body;and County of Hennepin ) WHEREAS, The Ordinance, Resolutions, and Development Agreement were approved contingent upon receipt by the City of an amendment to Title Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the Insurance Commitment No.NCS- publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and 896608-MPLS for the Property has full knowledge of the facts herein stated as follows: showing that title to the Property is vested solely in Minnesota Oppidan A This newspaper has com lied with the re uirements constitutin ualification as a le al Holdings, LLC, a Minnesota ( ) P� Q g Q g limited liability company; and newspaper,as provided by Minnesota Statute 331A.02,33IA.07,and other applicable laws,as removing reference to Kal Stay, amended. LLC,a Minnesota limited liability company,no later than March 25, (B)The printed public notice that is attached to this Affidavit and identified as No.-?- 2019;and was published on the date or dates and in the newspaper stated in the attached Notice and said WHEREAS,Abra Auto Body Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of and Caliber are in the process of the newspaper specified.Printed below is a co of the lower case alphabet from A to Z,both i corporate merger which has inclusive,ad is hereb acknowledged as being copy kind and size of P used in the composition impacted the timeline to provide Y g g type P an amendment to Title Insurance and publication of the Notice: Commitment No. NCS-896608- MPLS by March 25,2019;and abcdefghijklmnopgrstuvwxyz WHEREAS, Oppidan Holdings,LLC advised the City of the matter on March 26,2019. The City Council of the By: City of Eden Prairie,Minnesota Laurie A.Hartmann ordains as follows: Section 1. This ordinance amends.Ordinance No. 2019-3, Resolution Nos.2019-16 and 2019- Subscribed and sworn before me on 17 and Development Agreement between KTJ 315 LLC and the City of Eden Prairie dated January yy� 22,2019 to retroactively extend this_ day of 2019 the date by which an amendment to Title Insurance Commitment °d°°�°° �� No. NCS-896608-MPLS for the Property showing that title to JYMME JEANNETTE BARK � _ � �°�� x the Property is vested solely L/ _ Y. .� NOTARY PUBLIC-MINNESOTA in Oppidan Holdings, LLC, a A4 Minnesota limited liability MY COMMISSION EXPIRES01/31/23 company;and removing reference N ublic to Kal Stay, LLC, a Minnesota limited liability company, shall be provided to the City by May 31, 2o19,and shall become effective from and after its passage and publication. S.ct��on z_ This ordinance RATE INFORMATION shall be effective immediately Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch upon its passage and publication. FIRST READ at a regular Maximum rate allowed by law for the above matter...................................$31.20 per column inch meeting of the City Council of Rate actually charged for the above matter...............................................$13.62 per column inch the City of Eden Prairie on the 2nd day of April,2019,and finally read and adopted and ordered published at a regular meeting of the City Council on the 2nd day of April,2019. Ronald A.Case,Mayor ATTEST: Kathleen Porta,City Clerk (Published in the Eden Prairie News on Thursday,April 11,2019;