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HomeMy WebLinkAbout07-07 - ADMIN Resolution - Economic Development Authority - 2007/09/04ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 07-07 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 Board of Commissioners ("Board") of the St. Louis Park Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. 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 District"). 1.02. The Authority and the City of St. Louis Park ("City") 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 District. 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 Authority. These proposed additional actions require an amendment to the Preliminary Agreement. 1.04. The Board has reviewed a First Amendment to the Preliminary Agreement and finds that the approval and execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Approval; Other Proceedings. 2.01. The First Amendment to the Preliminary Agreement as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Third Amendment to the Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. EDA Resolution No. 07-07 -2- Approved by the Board of Commissioners of the St. Louis Park Economic Development ty this 0 day of September, 2007. Administration: Adopted by the Economic Development Authority September 4, 2007 d. &, ector President Attest