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<br />CERTIFICATE <br /> <br />This Certificate is executed this _ day of , 2005, by the City of <br />Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (the <br />"City"). <br /> <br />WITNESSETH: <br /> <br />WHEREAS, pursuant to a Purchase and Development Agreement dated as of July 20, <br />2000, (the "Development Agreement"), the City has conveyed to Arthur G. Miller, a married <br />individual, (the "Developer") certain real propertY legally described as Lot 2, Block 1, Hastings <br />I <br />Industrial Park Number 5, according to the recorded plat thereof, Dakota County, Minnesota (the <br />! "Property"); and ' <br /> <br />WHEREAS, the Developer onl,.Y paid a portion of the actual value of the Property in <br />consideration for the City's conveyance of the Property to the Developer but with the <br />understanding that if the Developer did not meet certain construction and wage and job goals, all <br />or a portion of the value of the Property not paid at the time of the closing on the conveyance to <br />the Developer would be payable by the Developer; and <br /> <br />WHEREAS, pursuant to the Agreement the Developer agreed that the Developer's <br />obligation to pay the value of the Property not paid at the closing on the conveyance would be <br />assessed as a lien (the "Assessments") against the Property, subject to discharge if and when the <br />Developer meets its construction and wage and job goals set forth in the Agreement; and <br /> <br />WHEREAS, the Agreement also provided that upon request by the Developer and upon <br />submission by the Developer to the City of documentation showing that the Developer has met <br />in full or in part its construction and wage and job goals the City would execute a certificate to <br />be recorded against the property evidencing the Developer's performance and discharging in <br />whole or in part the Assessments as a lien against the Property; and <br /> <br />WHEREAS, the Developer has provided to the City documentation sufficient to allow <br />the City to execute and deliver to the Developer this Certificate in accordance with the <br />provisions of the agreement. <br />