HomeMy WebLinkAbout24-023 - ADMIN Resolution - City Council - 2024/02/05
Resolution No. 24-023
Approving a letter regarding certain agreements
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) To facilitate the construction of a multi-phase, mixed use development and related
parking located at 4601 Highway 7 in the city (the “development”), the city has entered into a
contract for private development (the “affordable contract”) with the St Louis Park economic
development authority (the “authority”) and Beltline Station Limited Partnership, a Minnesota
limited partnership (“Beltline Station” and together with other related affiliates of Sherman
Development, the “developer”). The affordable contract has been amended three times.
(b) Due to certain delays, the developer has missed certain deadlines in the affordable
contract and other agreements between the authority and the developer related to the
development (collectively, the “agreements”) and has informed the city and the authority that it
will not be in compliance with certain terms set forth in the agreements. The developer, the city
and the authority are currently working collaboratively on amendments to the agreements (the
“amendments”) which should bring the developer into compliance, and for that reason the city
does not plan to declare events of default under the agreements at this time.
(d) The developer has requested that the city and the authority execute a letter stating
the facts above, a form of which is presented to the city council (the “letter”).
Section 2. Approval of documents.
(a) The city council approves the letter 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 letter (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 execution thereof as provided herein.
DocuSign Envelope ID: 777B4DC3-44CA-48D5-BEFE-39366E503B53
(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 February 5, 2024
Cindy Walsh, deputy city manager Nadia Mohamed, mayor
Attest
Melissa Kennedy, city clerk
DocuSign Envelope ID: 777B4DC3-44CA-48D5-BEFE-39366E503B53