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HomeMy WebLinkAboutResolution No. 2011-134 CITY OF COLUMBIA HEIGHTS RESOLUTION NO. 2011-134 RESOLUTION APPROVING A FOURTH AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND HUSET PARK DEVELOPMENT CORPORATION 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 CBD Redevelopment Project ( "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 an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated June 16, 2008 and a Second Amendment thereto dated as of February 9, 2009 and a Third Amendment Thereto dated as of September 28, 2009 (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 have determined a need to modify the Contract in certain respects, and have caused to be prepared a Fourth Amendment to Amended and Restated Contract for Private Redevelopment (the "Amended Contract "). 1.04. 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. 394821v1 SJB CL205 -23 Approved by the City Council of the City of Columbia Heights, Minnesota this 28 day of November, 2011. Offered by: Diehm Second by: Williams Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Schmitt i i ____,,,„ a ) N, -' aliV1 / ' GO i -A.ic -,,,,-.N. _i Mayor Gary L. Peterson ATTEST: 1 Patricia Muscovitz MC City Clerk 394821v1 SJBCL205 -23 2