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HomeMy WebLinkAbout13-14 - ADMIN Resolution - Economic Development Authority - 2013/09/03ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 13-14 RESOLUTION APPROVING AMENDED AND RESTATED SUBORDINATION AGREEMENT IN CONNECTION WITH EXCELSIOR &i GRAND PHASE I REFINANCING WHEREAS, the St. Louis Park Economic Development Authority (the "Authority") and the City of St. Louis Park ("City") entered into an Amended and Restated Contract for Private Redevelopment with Meridian Properties Real Estate Development LLC ("Meridian") dated July 23, 2001, as amended by a First Amendment thereto dated March 3, 2003, a Second Amendment thereto dated September 15, 2003, a Third Amendment thereto dated October 7, 2003, a Fourth Amendment thereto dated November 1, 2004, and a Fifth Amendment thereto dated January 17, 2006 (as so amended, the "Contract") setting forth the parties' respective responsibilities in the redevelopment of certain property (the "Redevelopment Property") in the City; WHEREAS, the development described in the Contract is consistent with the Authority's Redevelopment Project No. 1 ("Project"), administered by the Authority under Minnesota Statutes, Section 469.001 to 469.047; WHEREAS, pursuant to an Assignment and Assumption Agreement dated December 1, 2001, Meridian assigned certain of its rights and obligations under the Contract to Excelsior & Grand LLC ("Redeveloper") for the construction of the improvements on the Redevelopment Property known as "Phase I"; WHEREAS, Glaser Financial Group, Inc. ("Glaser") made a loan to the Redeveloper for the construction of the Phase I improvements (the "Loan"), and in connection with the Loan, Glaser, the City, the Authority and Redeveloper entered into a Subordination Agreement dated December 1, 2013 (the "Subordination Agreement"); and WHEREAS, the Redeveloper now desires to refinance the Loan (the "Refinancing") through Oak Grove Commercial Mortgage, LLC (the "Lender") and has requested that the Authority and City enter into an Amended and Restated Subordination Agreement with the Lender and Redeveloper in connection with the Refinancing. NOW, THEREFORE, be it resolved by the Board of Commissioners of the St. Louis Park Economic Development Authority as follows: 1. The Authority finds that execution of the Amended and Restated Subordination Agreement is in the public interest because it will further the objectives of the redevelopment plan for the Project. 2. The Authority approves the execution of the Amended and Restated Subordination Agreement, and authorizes and directs the President and Executive Director to execute the Amended and Restated Subordination Agreement in substantially the form on file with the Authority, subject to modifications approved by those officials that do not alter the substance of the transaction, which approval shall be conclusively evidenced by the execution thereof. EDA Resolution No. 13-14 Attest Adopted by the Economic Development Authority September 3, 2013 je�zz� President