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HomeMy WebLinkAbout14-173 - ADMIN Resolution - City Council - 2014/12/15RESOLUTION NO. 14-173 RESOLUTION APPROVING A SECOND AMENDMENT TO AMENDED AND 41111 RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT AMONG THE CITY OF ST. LOUIS PARK, THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, DUKE REALTY LIMITED PARTNERSHIP, AND CENTRAL PARK WEST, LLC BE IT RESOLVED By the City Council ("Council") of the City of St. Louis Park ("City") as follows: Section 1. Recitals. 1.01. The St. Louis Park Economic Development Authonty (the "Authonty") 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 established The West End Tax Increment Financing District ("TIF Distnct"). 1.02. The Authority, the City, and Duke Realty Limited Partnership ("Duke") entered into an Amended and Restated Contract for Private Redevelopment dated as of May 17, 2010, regarding redevelopment of a portion of the property within the TIF Distnct, and entered into a First Amendment thereto dated as of November 21, 2011 (as so amended, the "Contract"). 1.03. In connection with an Assignment and Assumption of Contract pursuant to which Duke will assign certain of its obligations under the Contract to Central Park West, LLC ("CPW"), the parties to the Contract have determined to a need to revise the Contract in certain respects, and to that end have prepared a Second Amendment to Amended and Restated Contract for Pnvate Redevelopment (the "Second Amendment"), by and among the Authority, the City, Duke, and CPW. 1.04. The Council has reviewed the Second Amendment 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 Second Amendment 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 authonzed to execute on behalf of the City the Second Amendment and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. ..1 3 City staff and consultants are authorized to take any actions necessary to carry out the intent f this resolution. Revie dministration: dopte th ity Council December 15, 2014 City Attest City Clerk May