HomeMy WebLinkAboutContract 2254Grant No. SG006-166
THIRD AMENDMENT AND SECOND EXTENSION
OF METROPOLITAN LIVABLE COMMUNITIES ACT
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the
City of Columbia Heights ("Grantee").
WHEREAS, on February 9, 2007, the Council and the Grantee entered into a grant agreement
identified as Council Grant No. SG006-166 under which the Council provided $974,369.00 in
Demonstration Account grant program funds to the Grantee to support the Grand Central Lofts
project; and
WHEREAS, on December 5, 2008 Grant No. SG006-166 was amended and the "End Date" was
changed from December 31, 2008 to December 31, 2009 because the Grantee requested
additional time within which to complete the project; and
WHEREAS, on April 14, 2009 Grant No. SG006-166 was amended to reflect a reduction of the
size of the project's commercial space, a reduction in the size of the parking ramp associated
with the project, and a reduction in the amount of the grant from $974,369.00 to $760,008.00;
and
WHEREAS, on September 28, 2009 the Columbia Heights City Council adopted Resolution
2009-150 which states the project has not yet been constructed because of economic
considerations and requests another extension to allow additional time within which to complete
the project; and
WHEREAS, Resolution 2009-150 indicates the Grantee expects the developer to start the
project in 2010 and complete the project in 2011; and
WHEREAS, pursuant to Paragraph 4.01 of Grant No. SG006-166 the grant agreement will
terminate on its "End Date" of December 31, 2009; and
WHEREAS, at its December 9, 2009 meeting the governing body of the Metropolitan Council
approved the Grantee's request for a second extension subject to certain terms and conditions;
and
WHEREAS, the parties mutually agree that the grant agreement should be continued and
extended beyond its December 31, 2009 End Date so the grant funds can be used for their
intended purposes.
Page 1 of 3 Pages
2254
NOW THEREFORE, pursuant to Paragraph 4.03 of Grant No. SG006-166 and in consideration
of the promises and covenants contained in this agreement, the Council and the Grantee agree to
amend and extend Grant No. SG006-166 as follows:
1. The "END DATE" identified at Page 1 of the Agreement and referenced in Paragraph
4.01, Term, is changed from December 31, 2009 to December 31, 2010, provided,
however, that:
a. The Grantee delivers to the Council documentation of full project financing by
March 31, 2010.
b. The Council shall not be responsible for any project expenses incurred prior to the
delivery of documentation of full project financing, and no grant funds will be
disbursed prior to the delivery of documentation of full project financing.
c. The grant will terminate if documentation of full project financing is not delivered
to the Council by March 31, 2010.
Except for these modifications, the provisions of Grant No. SG006-166, as amended on
December 5, 2008 and April 14, 2009, shall remain in force and effect without change and Grant
No. SG006-1.66 shall be extended as provided in this agreement.
IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be
executed by their duly authorized representatives. This agreement is effective on the date of
final execution by the Council.
Approved as to Form:
.~~,, '
-_ - -
~`~~~' Associate L~neral Counsel
METROPOLIT
By:
Guy Pete,,~son, Director
Community Development Division
Date:
CITY OF COLUMBIA HEIHT
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Gar eters ,Mayor
Date: ~ ,~.. --'~ "-_.
Page 2 of 3 Pages
sg006-166-Columbia heights-grand central lofts.doc
a
Walter R. Fehst, City Manager
f
Date: '' ~'?
11 / 18/2009
Page 3 of 3 Pages