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HomeMy WebLinkAbout22-41 - ADMIN Resolution - Economic Development Authority - 2022/10/03EDA Resolution No. 22-41 Resolution approving a termination of reciprocal ingress and egress easement with Sela Investments, Ltd., LLP 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; Authorization. 1.01. The Authority and Sela Investments, Ltd., LLP, a Minnesota limited liability partnership, or an entity related thereto or affiliated therewith (“Sela”), entered into a Reciprocal Ingress and Egress Easement, dated December 18, 2013 (the “Agreement”), relating to certain property owned by the Authority and certain property owned by Sela. 1.02. The Authority and Sela have determined to terminate the Agreement. 1.03. There has been presented to the Board a form of Termination of Reciprocal Ingress and Egress Easement (the “Termination”) between the Authority and Sela, pursuant to which the Agreement will be terminated upon the conditions set forth therein. Section 2. Approval of Termination. 2.01. The Board approves the Termination in substantially the form presented to the Board, together with any related documents necessary in connection therewith. 2.02. The Board hereby authorizes the President and Executive Director to execute the Termination on behalf of the Authority, and to carry out, on behalf of the Authority, the Authority’s obligations thereunder when all conditions precedent thereto have been satisfied. The Termination shall be in substantially the form on file with the Authority and the approval hereby given to the Termination 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 Authority and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officers of the Authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the Termination shall not be effective until the date of execution thereof as provided herein. 2.03. 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 Board by any duly designated acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act on their behalf. Upon execution and delivery of the Termination, the officers and employees of the Board are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Board to implement the Termination. DocuSign Envelope ID: 1A3BE712-5DD9-4A92-A82C-1E52DA906A63 EDA Resolution No. 22-41 2 Section 3. Effective Date. This resolution shall be effective upon approval. Reviewed for Administration: Adopted by the Economic Development Authority October 3, 2022 Karen Barton, executive director Margaret Rog, president Attest: Melissa Kennedy, secretary DocuSign Envelope ID: 1A3BE712-5DD9-4A92-A82C-1E52DA906A63