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HomeMy WebLinkAbout19-06 - ADMIN Resolution - Economic Development Authority - 2019/06/17St. Louis Park Economic Development Authority EDA Resolution No. 19-06 Resolution approving a Fifth Amendment to Purchase and Redevelopment Contract between the Authority and PLACE E-Generation One, LLC Be it resolved by the Board of Commissioners (the “Board”) of the St. Louis Park Economic Development Authority (the “Authority”) as follows: Section 1. Recitals 1.01. The Authority and the City of St. Louis Park have heretofore approved the establishment of the Wooddale Station Tax Increment Financing District (the “TIF District”) within Redevelopment Project No. 1 (the “Project”), and have adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. 1.02. To facilitate the redevelopment of certain property within the Project and TIF District, the Authority and PLACE E-Generation One LLC (the “Redeveloper”) have previously negotiated a Purchase and Redevelopment Contract (as subsequently amended, the “Agreement”) which provides for the conveyance of certain property described in Exhibit A hereto (the “Property”) to the Redeveloper, the construction by the Redeveloper of a mixed - use, mixed-income, transit-oriented development, including rental housing, and associated parking on the Property, and the issuance of one or more Tax Increment Revenue Notes to the Redeveloper. 1.03. In order to allow the Redeveloper adequate time to obtain financing for construction of the Minimum Improvements (as defined in the Agreement), the Redeveloper has requested and the Authority has consented to four prior amendments of the Agreement, extending the dates for closing of the Property and amending various other provisions. 1.04. The Redeveloper has requested an additional extension of the dates for closing on a portion of the Property (the “South Parcels”) and for completion of construction of the Minimum Improvements, and the parties have negotiated a Fifth Amendment to the Agreement (the “Fifth Amendment”) in the form presented to the Board. 1.05. The Board has reviewed the Fifth Amendment and finds that the execution thereof and performance of the Authority’s obligations thereunder, including extension of the dates of conveyance of the South Parcels to the Redeveloper, are in the best interest of the City and its residents. DocuSign Envelope ID: A76916A9-47CA-4311-B498-07DCF4DAF4A1 EDA Resolution No. 19-06 2 Section 2. Approval of Documents. 2.01. The Fifth Amendment as presented to the Board, including the provisions for the conveyance of the South Parcels, 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 Fifth Amendment by such officials shall be conclusive evidence of approval. 2.02. Authority staff and officials are authorized to take all actions necessary to perform the Authority’s obligations under the Agreement as amended, including without limitation execution of any documents to which the Authority is a party referenced in or attached to the Agreement, and any deed or other documents necessary to convey the South Parcels to Redeveloper, all as described in the Agreement as amended by the Fifth Amendment. Section 3. Effective Date. This resolution shall be effective upon approval. Reviewed for Administration: Adopted by the Economic Development Authority June 17, 2019 Thomas K. Harmening, Executive Director Steve Hallfin, President Attest Melissa Kennedy, Secretary DocuSign Envelope ID: A76916A9-47CA-4311-B498-07DCF4DAF4A1 EDA Resolution No. 19-06 3 EXHIBIT A PROPERTY North Parcels: Lot 1, Blocks 1 and 2, PLACE, according to the recorded plat thereof, Hennepin County, Minnesota. South Parcels: Lot 1, Block 3, PLACE, according to the recorded plat thereof, Hennepin County, Minnesota. DocuSign Envelope ID: A76916A9-47CA-4311-B498-07DCF4DAF4A1