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HomeMy WebLinkAbout14-04 - ADMIN Resolution - Economic Development Authority - 2014/12/15ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 14-04 RESOLUTION APPROVING AN ASSIGNMENT AND ASSUMPTION OF REDEVELOPMENT CONTRACT BETWEEN DUKE REALTY LIMITED PARTNERSHIP AND CENTRAL PARK WEST, LLC 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. The Authority is currently administering its Redevelopment Project No. 1 ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"), and within the Project has established The West End Tax Increment Financing District ("TIF District"). 1.02. The Authority, the City of St. Louis Park ("City") and Duke Realty Limited Partnership (the "Redeveloper") entered into an Amended and Restated Contract for Private Redevelopment Dated as of May 17, 2010, as amended (the "Contract"), regarding redevelopment of a portion of the property within the TIF District. 1.03. The Redeveloper proposes to convey a portion of the property that is the subject of the Contract (the "Subject Property") to Central Park West, LLC (the "Assignee"), and the Assignee intends to construct certain future phases of development on the Subject Property. In connection with such conveyance, Redeveloper seeks to assign certain obligations of Redeveloper related to the Subject Property to the Assignee, and the Assignee agrees to accept such obligations, all pursuant to an Assignment and Assumption of Redevelopment Contract between Redeveloper and Assignee (the "Assignment"). Assignee's obligation to construct the future phases of development will be memorialized in a Second Amendment to Amended and Restated Contract for Private Redevelopment, to be executed contemporaneously with the Assignment. 1.04. The Board has reviewed the Assignment and finds that the approval and execution of the Authority's consent thereto are in the best interest of the City and its residents. Section 2. Authority pproval; Other Proceedings. 2.01. The Assignment, including the attached Consent, Estoppel and Agreement of the Authority related thereto, as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the consent to the Assignment by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Consent, Estoppel and Agreement attached to the Assignment and any other documents requiring execution by the Authority in order to carry out the transaction described in the Assignment. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Resolution No. 14-04 Administration: Adopted by the Economic Development Authority December 15, 2014 President Attest Secretary