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HomeMy WebLinkAbout21-10 - ADMIN Resolution - Economic Development Authority - 2021/06/21EDA Resolution No. 21-10 EDA Resolution approving a third amendment to the preliminary development agreement between the St. Louis Park Economic Development Authority, the City of St. Louis Park, and Beltline Development LLC, and a second amendment to the loan agreement between the Authority and Beltline Development LLC Whereas, pursuant to its authority under Minnesota Statutes, Sections 469.090 to 469.1082, as amended, the St. Louis Park Economic Development Authority (the “Authority”) administers its Redevelopment Project No. 1 (the “Project”), for the purpose of facilitating the redevelopment of certain substandard property within the Project; and Whereas, the City of St. Louis Park, Minnesota (the “City”), the Authority, and Beltline Development LLC (the “Developer”) each own portions of certain property (the “Property”) within the Project, which Property has been the subject of certain preliminary negotiations between the parties for purposes of constructing a mixed-use (multi-family residential and commercial) development on the Property and related parking, including a parking ramp serving in part as a park and ride facility for Metro Transit’s proposed Southwest Light Rail Transit Beltline station (the “Development”); and Whereas, the City, the Authority, and the Developer executed a Preliminary Development Agreement, dated as of February 5, 2018 (the “Agreement”), providing for the performance of certain activities on the part of the parties in preparation for the negotiation of a definitive Purchase and Redevelopment Contract in connection with the Property, and executed a First Amendment to the Agreement dated as of June 17, 2019, and a Second Amendment to the Agreement dated as of June 15, 2020, each extending the dates of performance of each party’s activities under the Agreement; and Whereas, pursuant to the Agreement, the Developer acquired its portion of the Property (the “Vision Bank Parcel”) from a third party, and the Authority financed a portion of the acquisition cost of the Vision Bank Parcel pursuant to a Loan Agreement between the Authority and Developer dated as of April 1, 2019 (the “Loan Agreement”), pursuant to which the Authority loaned $3,100,000 to the Developer to finance such acquisition (the “Loan”), evidenced by a promissory note (the “Note”) and secured by a mortgage on the Vision Bank Parcel (the “Mortgage”); and Whereas, the Authority approved a First Amendment to the Loan Agreement on June 15, 2020, extending the maturity date of the Loan, and the Developer provided an amended Note and Mortgage in connection with such extension; and Whereas, the parties have negotiated and now propose to execute a Third Amendment to the Agreement and a Second Amendment to the Loan Agreement to further extend the deadline for the completion of necessary preliminary activities for a period of up to twelve months. Now therefore be it resolved by the St. Louis Park Economic Development Authority that the Third Amendment to the Agreement and the Second Amendment to the Loan DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90 EDA Resolution No. 21-10 2 Agreement as presented to the Board of Commissioners are 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 Third Amendment to the Agreement and Second Amendment to the Loan Agreement by such officials shall be conclusive evidence of approval. It is further resolved that the President and Executive Director are hereby authorized to execute on behalf of the Authority the Third Amendment to the Agreement, the Second Amendment to the Loan Agreement, and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. It is further resolved that Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Reviewed for Administration: Adopted by the Economic Development Authority June 21, 2021 Thomas K. Harmening, executive director Tim Brausen, president Attest: Melissa Kennedy, secretary DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90