Loading...
HomeMy WebLinkAboutResolution No. 2011-135 CITY OF COLUMBIA HEIGHTS RESOLUTION NO. 2011-135 RESOLUTION APPROVING AGREEMENT FOR ASSIGNMENT AND RELEASE OF OBLIGATIONS, AND AMENDMENT OF AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETEWEEN COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY COLUMBIA HEIGHTS MINNESOTA AND THE CITY OF COLUMBIA HEIGHTS MINNESOTA AND 37th AND CENTRAL LLC BE IT RESOLVED By the City Council (the "Council ") of the City Columbia Heights Minnesota, (the "City ") as follows: Section 1. Recitals. 1.01. The City, the Authority and 37th and Central LLC (the "Redeveloper ") entered into a Contract for Private Redevelopment dated June 24, 2008, as amended by a First Amendment thereto dated April 28, 2009, and as amended by the Second Amendment dated May 25, 2010 (collectively, the "Contract "). 1.02. The Redeveloper has concluded negotiations with O'Reilly Automotive Stores, Inc. a Missouri corporation ( "O'Reilly ") for the purchase by O'Reilly of all of the Redeveloper's interest in the Contract. 1.03. The Council has reviewed the "AGREEMENT FOR ASSIGNMENT AND RELEASE OF OBLIGATIONS, AND AMENDMENT OF AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY COLUMBIA HEIGHTS MINNESOTA AND THE CITY OF COLUMBIA HEIGHTS MINNESOTA AND 37th AND CENTRAL LLC" (the "Assignment ") providing for the assignment of the Contract to O'Reilly, the release of the Redeveloper from its remaining obligations under the Contract, and the amendment of the Contract as stated therein, and finds that the execution thereof and performance of the City's and Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Assignment 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 Assignment and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. Passed this 28th day of November 2011 Offered by: Diehm Second by: Williams Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Schmitt \„, ati/ itYki ( Vf& Gary L. ' eterson ST: • atricia Muscovitz k C)City Cle k 394733v2 MTN CL205-44 2