HomeMy WebLinkAbout23-077 - ADMIN Resolution - City Council - 2023/06/05Resolution No. 23-077
Resolution approving a second 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, as amended by a first amendment to
contract for private development (collectively, 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 second amendment
to contract for private development (the “second 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 second amendment to the 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 second amendment to agreement.
(a) The city council approves the second 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 second 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 auth orized herein to execute said
DocuSign Envelope ID: 4C4A41F2-D338-43F4-8B8A-998653FC63CD
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 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 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 June 5, 2023.
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
DocuSign Envelope ID: 4C4A41F2-D338-43F4-8B8A-998653FC63CD