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HomeMy WebLinkAbout23-13 - ADMIN Resolution - Economic Development Authority - 2023/06/05EDA Resolution No. 23-13 Resolution approving a revision to the contract for private development with PPL Union Park Community Limited Partnership and taking other actions in connection therewith Be it resolved by the board of commissioners (“board”) of the St. Louis Park Economic Development Authority (“authority”) as follows: Section 1. Recitals. 1.01. To facilitate the development of certain property within the City of St. Louis Park, Minnesota (“city”), the authority, the city, PPL Union Park Community Limited Partnership, a Minnesota limited partnership, or another entity affiliated with or related to Project for Pride in Living, a Minnesota nonprofit corporation (“developer”), and PPL SLP LLC, a Minnesota limited liability company and the general partner of the developer (“general partner”), approved by resolution on May 1, 2023, a contract for private development (“agreement”) which provides for the construction by the developer of 60 units of multifamily rental housing, approximately 70 underground parking stalls, and approximately 9 surface parking stalls (“minimum improvements”) on certain property legally described therein (“development property”). 1.02. Pursuant to the agreement, the authority and the city have agreed that the city shall make a deferred loan from the city’s Affordable Housing Trust Fund to the developer in the principal amount of $450,000 (“AHTF deferred loan”) to assist with the costs of the minimum improvements. 1.03. The developer has requested that the maturity date of the AHTF deferred loan be revised to be 42 years from the date of closing on their senior financing (anticipated to be no later than December 31, 2065) (“maturity date”). 1.04. The authority will agree to subordinate the AHTF deferred loan and other loans as detailed in the agreement pursuant to the terms and conditions set forth in a subordination agreement to be considered by the board on a future date. Section 2. Agreement. 2.01. The board hereby approves the agreement with the revised maturity date in substantially the form presented to the board, together with any related documents necessary in connection therewith, including without limitation a disbursing agreement and all documents, exhibits, certifications, or consents referenced in or attached to the agreement including without limitation the declaration of restrictive covenants (collectively, “development documents”). DocuSign Envelope ID: D075D72A-53AE-4382-B406-0411EF9D494E 2.02. 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 development documents 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 development documents shall be in substantially the forms on file with the authority and the approval hereby given to the development 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 development documents 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 in their behalf. Upon execution and delivery of the development 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 development documents. Section 3. Effective date. This resolution shall be effective upon approval. Reviewed for administration: Adopted by the Economic Development Authority June 5, 2023 Karen Barton, executive director Nadia Mohamed, president Attest Melissa Kennedy, secretary DocuSign Envelope ID: D075D72A-53AE-4382-B406-0411EF9D494E