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HomeMy WebLinkAboutResolution No. 2008-138CITY OF COLUMBIA HEIGHTS RESOLUTION N0.2008-138 FIRST AMENDMENT TO THE AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BE IT RESOLVED By the City Council ("Council") of the City of Columbia Heights, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ("Authority") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering the Downtown Central Business District Revitalization Plan ("Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"). 1.02. The Authority, the City and Huset Park Development Corporation (the "Redeveloper") entered into a into a Contract for Private Redevelopment dated as of October 25, 2004 (the "Contract"), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project, generally located east of University Avenue and south and west of Huset Park . 1.03 The parties on August 1, 2007 agreed and entered into an Amended and Restated Contract for Private Redevelopment. 1.04. The parties have determined a need to Amend the August 1, 2007 agreement, as stated in 1.03 and therefore has caused a need to prepare a First Amendment to the Amended and Restated Contract for Private Redevelopment (the ``Amended Contract"). 1.05 On June 16, 2008 the Authority approved the Amended Contract. 1.06. The Council has reviewed the Amended Contract 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. City Approval; Further Proceedings. 2.01. The Amended Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Amended Contract and any documents referenced therein requiring execution. by the City, and to carry out, on behalf of the City its obligations thereunder. SJB-2~3352v1 CL205-23 Approved by the City Council of the City of Columbia Heights, Minnesota this 23`d day of June 2008. f~ffered By: Kelzenberg Second By: Diehm Roll Call: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg Absent: Williams Mayor Gary L. Peterson ATTEST: ~°_``~ ~' y ~, ~, , Patricia Muscovitz, CIVIC City Clerk 2