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HomeMy WebLinkAbout22-123 - ADMIN Resolution - City Council - 2022/08/15Resolution No. 22-123 Resolution approving a Collateral Assignment of a Planning Development Contract (Beltline Residences Project) Whereas, the City of St. Louis Park, Minnesota (the “City”) previously entered into a Planning Development Contract (“Agreement”) with Beltline Residences, L.L.C., a Delaware limited liability company (“Developer”). The Agreement is dated September 20, 2021 and allows for the construction of approximately 250 units of multifamily rental housing including six live/work units on the ground floor, approximately 7,445 square feet of ground floor commercial space, and approximately 320 structured and 32 surface parking stalls ; and Whereas, in connection with its financing of the Project, the Developer has requested that the City consent to a Collateral Assignment of the Agreement. Now, therefore, be it resolved by the City Council (the “City Council”) of the City as follows: 1. The City Council hereby approves the Assignment and the Consent in substantially the forms presented to the City Council, together with any related documents necessary in connection therewith, including but not limited to any agreements referred to therein, (collectively, the “Assignment Documents”) and hereby authorizes the Mayor and City Manager to execute any such Assignment Documents to which the City is a party, on behalf of the City, and to carry out, on behalf of the City, the obligations of the City thereunder when all conditions precedent thereto have been satisfied. 2. The approval hereby given to the Assignment Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the City and by the officers authorized herein or by the City to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officers of the City shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of the officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the City Council by any duly designated acting official, or by such other officer or officers of the City Council as, in the opinion of the City Attorney, may act in their behalf. 3. Upon execution and delivery of the Assignment Documents, the officers and employees of the City are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the City to implement the Assignment Documents, when all conditions precedent thereto have been satisfied. DocuSign Envelope ID: 9FEFB53E-EC7A-4087-926C-2ECA474EE0EA Resolution No. 22-123 2 Reviewed for administration: Adopted by the City Council August 15, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: 9FEFB53E-EC7A-4087-926C-2ECA474EE0EA