HomeMy WebLinkAbout23-05 - ADMIN Resolution - Economic Development Authority - 2023/03/20EDA Resolution No. 23-05
Resolution approving a right of entry agreement with Beltline Station
Limited Partnership
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.
(a) The Authority and the City of St. Louis Park, Minnesota (the “City”) are the owners
of certain real property located within the City (the “Property”). The parcels owned by the City will
be conveyed to the Authority.
(b) The Authority and Beltline Development LLC, a Minnesota limited liability
company (“Beltline Development”), entered into a Purchase Agreement, dated July 7, 2022, as
amended by the First Amendment to Purchase Agreement, dated December 5, 2022
(collectively, the “Purchase Agreement”), to acquire the Property from the Authority. The
Purchase Agreement will be partially assigned by Beltline Development to Beltline Station
Limited Partnership, a Minnesota limited partnership (“Beltline Stat ion”).
(c) The Authority and Beltline Station entered into a Contract for Private Development,
dated July 7, 2022 (the “Contract”), pursuant to which Beltline Station agreed to develop a portion
the Property by constructing an affordable multifamily housing development. The Contract
requires Beltline Station to perform certain contamination cleanup on the Property in accordance
with the State of Minnesota Contamination Cleanup Grant Contract Agreement, Grant Contract
Agreement No.: CCGP-21-0022-Z-FY22 (the “Grant Contract”) between the State of Minnesota and
the Authority.
(d) The Authority propose to allow Beltline Station, Beltline Development, or another
affiliate thereof or entity related thereto and their employees, officers, contractors,
subcontractors, representatives, and agents to enter the Property in order to commence the work
described in the Grant Contract (the “Cleanup Activities”).
(e) The Authority and Beltline Station have negotiated a Right of Entry Agreement (the
“Agreement”), a form of which is on file with the Board, setting forth the terms under which
Beltline Station may enter the Property.
Section 2. Approval of Agreement.
(a) The Board approves the Agreement in substantially the form presented to the
Board, together with any related documents necessary in connection therewith, including
without limitation all documents, exhibits, certifications, or consents referenced in or attached
to the Agreement (the “Documents”).
(b) The Board hereby authorizes the President and Executive Director, in their
discretion and at such time, if any, as they may deem appropriate, to execute the Documents
on behalf of the Authority, and to carry out, on behalf of the Authority, the Authority’s
DocuSign Envelope ID: 40686F5C-5A00-40E1-A7F7-56E9CD1A3236
EDA Resolution No. 23-05 2
obligations thereunder when all conditions precedent thereto have been satisfied. The
Documents shall be in substantially the form on file with the Authority and the approval hereby
given to the 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 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 Documents sh all not be effective until the
date of execution thereof as provided herein.
(c) 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 in their behalf. Upon
execution and delivery of the Documents, 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 Documents.
Section 3. Effective date. This resolution shall be effective upon approval.
Reviewed for Administration: Adopted by the Economic Development
Authority March 20, 2023
Karen Barton, executive director Nadia Mohamed, president
Attest:
Melissa Kennedy, secretary
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