HomeMy WebLinkAbout23-039 - ADMIN Resolution - City Council - 2023/03/20Resolution No. 23-039
Resolution approving a first amendment to contract for private
development with the St. Louis Park Economic Development
Authority and Beltline Station Limited Partnership
Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park,
Minnesota (the “City”) as follows:
Section 1. Recitals; Authorization.
(a) The St. Louis Park Economic Development Authority (the “Authority”), the City, and
Beltline Station Limited Partnership, a Minnesota limited partnership (the “Developer”), entered
into a Contract for Private Development, dated July 7, 2022 (the “Original Agreement”), pursuant
to which the Developer agreed to acquire certain property located in the City and construct
thereon approximately 82 units of multifamily rental housing together with approximately 59
underground parking spaces (the “Minimum Improvements”).
(b) The Authority, the City, and the Developer have negotiated a First Amendment to
Contract for Private Development (the “First Amendment to Agreement”), a form of which is on
file with the City Council, which amends the Original Agreement to extend the dates of
commencement and completion of construction of the Minimum Improvements.
(c) The City Council has reviewed the First Amendment to Agreement and finds that
the execution thereof and performance of the City’s obligations thereunder are in the best interest
of the City and its residents.
Section 2. Approval of First Amendment to Agreement.
(a) The City Council approves the First Amendment to Agreement in substantially
the form presented to the City Council, together with any related documents necessary in
connection therewith, including without limitation all documents, exhibits, certifications, or
consents referenced in or attached to the First Amendment to Agreement (the “Documents”).
(b) The City Council hereby authorizes the Mayor and City Manager, in their
discretion and at such time, if any, as they may deem appropriate, to execute the Documents
on behalf of the City, and to carry out, on behalf of the City, the City’s obligations thereunder
when all conditions precedent thereto have been satisfied. The Documents shall be in
substantially the form on file with the City 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 City 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 City. The execution of any instrument by the appropriate
officers of the City 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 shall not be effective until the date of execut ion thereof as provided
herein.
DocuSign Envelope ID: 40686F5C-5A00-40E1-A7F7-56E9CD1A3236
Resolution No. 23-039 2
(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 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.
Upon execution and delivery of the Documents, the officers and employees of the City Council
are hereby authorized and directed to take or cause to be taken such actions as may be
necessary on behalf of the City Council to implement the Documents.
Section 3. Effective date. This resolution shall be effective upon approval.
Reviewed for Administration: Adopted by the City Council March 20, 2023
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
DocuSign Envelope ID: 40686F5C-5A00-40E1-A7F7-56E9CD1A3236