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HomeMy WebLinkAbout07-095 - ADMIN Resolution - City Council - 2007/09/04RESOLUTION NO. 07-095 RESOLUTION APPROVING A FIRST AMENDMENT TO PRELIMINARY DEVELOPMENT AGREEMENT BETWEEN AND AMONG THE CITY OF ST. LOUIS PARK, THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND DUKE REALTY LIMITED PARTNERSHIP BE IT RESOLVED By the City Council (the "Council") of the City of St. Louis Park ("City") as follows: Section 1. Recitals. 1.01 The St. Louis Park Economic Development Authonty (the "Authority") is currently administering its Redevelopment Project No. 1 ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"), and within the Project has caused to be prepared documents in anticipation of the creation of the Duke Redevelopment Tax Increment Financing District ("Duke TIF Distract"). 1.02. The City and the Authority have entered into a Preliminary Development Agreement with Duke Realty Limited Partnership, an Indiana limited partnership ("Developer") dated as of May 21, 2007 (Preliminary Agreement"), regarding redevelopment of a portion of the property within the proposed Duke TIF Distract. 1.03. In accordance with the Preliminary Agreement, the Developer is undertaking certain activities in furtherance of its proposed development. In addition, the Developer wishes to conduct certain demolition, site grading and related pre -construction activities prior to approval of the Duke TIF District by the City. These proposed additional actions require an amendment to the Preliminary Agreement. 1.04. The Council has reviewed a First Amendment to the Preliminary Agreement and finds that the approval and execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Other Proceedings. 2.01. The First Amendment to the Preliminary Agreement as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the First Amendment to the Preliminary Agreement, and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. Resolution No. 07-095 -2- 2.03. City staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. proved by the City Council of the City of St. Louis Park, this 4th day of September, 2007. Rev,1iffik ' Administration: Ad by, the Cit Council: September 4, 2007 �11�■ (J4 City T',' g ,i May Attest: .e,f/ City Clerk