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HomeMy WebLinkAbout19-10 - ADMIN Resolution - Economic Development Authority - 2019/09/03EDA Resolution No. 19-10 Resolution approving an Assignment and Assumption of Redevelopment Contract between OP4 SLP, LLC and 10 West End, LLC 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 established The West End Tax Increment Financing District (“TIF District”). 1.02. The Authority, the City of St. Louis Park (“City”), and Duke Realty Limited Partnership (the “Redeveloper”) entered into an Amended and Restated Contract for Private Redevelopment Dated as of May 17, 2010, as amended (the “Contract”), regarding redevelopment of the property within the TIF District, which Contract has been assigned in part to OP4 SLP, LLC (“OP4”) as to the Redeveloper’s obligation to construct a class A office facility (“Central Park West Phase IV”) on a portion of the property (the “Subject Property”). 1.03. OP4 has now determined that it is in the best interest of the Project and TIF District to convey the Subject Property to 10 West End, LLC (the “Assignee”). The Assignee intends to construct Central Park West Phase IV on the Subject Property. In connection with such conveyance, OP4 seeks to assign its obligations related to the Subject Property to the Assignee, and the Assignee agrees to accept such obligations, all pursuant to an Assignment and Assumption of Redevelopment Contract between OP4 and Assignee (the “Assignment”). 1.04. The Board has reviewed the Assignment and finds that the approval and execution of the Authority’s consent thereto are in the best interest of the Authority, the City, and its residents. Section 2. Authority Approval; Other Proceedings . 2.01. The Assignment, including the attached Consent of the Authority related thereto, 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 consent to the Assignment 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 Consent attached to the Assignment and any other documents requiring execution by the Authority in order to carry out the transaction described in the Assignment. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. DocuSign Envelope ID: E964BABE-8026-4F38-9571-0D528B8570DB EDA Resolution No. 19-10 2 Reviewed for Administration: Adopted by the Economic Development Authority September 3, 2019 Thomas K. Harmening, executive director Steve Hallfin, president Attest Melissa Kennedy, secretary DocuSign Envelope ID: E964BABE-8026-4F38-9571-0D528B8570DB