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HomeMy WebLinkAboutContract 2011 2418 • FOURTH AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made on or as of the 28th day of November, 2011, by and between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, COLUMBIA HEIGHTS, MINNESOTA, a public body corporate and politic (the "Authority "), established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act "), the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (the "City ") and BNC NATIONAL BANK, a national banking association (the "Lender ", and successor in interest to Huset Park Development Corporation, the "Redeveloper). WITNESSETH: WHEREAS, the Authority, City, and Redeveloper hereto entered into that certain Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated as of June 16, 2008, as further amended by a Second Amendment thereto dated as of February 2009 and by a Third Amendment thereto dated September 28, 2009 (the "Contract "), providing for redevelopment of certain property in the City described as the Redevelopment Property; and WHEREAS, the Authority, City and Lender entered into a Subordination and Consent Agreement dated July 10, 2006 (the "Subordination Agreement ") regarding the Contract; and WHEREAS, the Subordination Agreement provided that, if Lender foreclosed on its Mortgage (as defined in the Subordination Agreement), Lender is entitled to all the rights and benefits of Redeveloper under the Contract as though Lender were the Redeveloper, subject to Lender's performance of all terms and conditions of the Contract.; and WHEREAS, the Lender has requested that the Authority and City amend the Contract as further described herein; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Section 4.3 of the Contract is modified as follows (italicized language shows revision): Section 4.3. Completion of Construction. (a) Subject to Unavoidable Delays and the provisions of paragraphs (b), (c) and (d) below, the Minimum Improvements must be constructed in accordance with the following schedule: Phase I: As of the date of the Amended and Restated Contract, the internal site improvements and at least 80 percent of the required number of units for Phase IA are complete. Redeveloper must substantially complete all internal site improvements for Phase IB, including roads, and at least 80 394607v3 SJB CL205 -23 percent of required number of housing units for Phase IB, by December 31, 2012. Phase II: As of the date of this Fourth Amendment to the Amended and Restated Contract, Phase IIA is substantially complete. Redeveloper must substantially complete all internal site improvements, including roads, together with at least 80 percent of required number of housing units for Phase IIB, by April 30, 2013. Phase III: Redeveloper must construct and complete all internal site improvements, including roads, and at least 80 percent of the required number of housing units, according to the following schedule: Phase IIIA: Commence by December 30, 2012; complete by December 30, 2014. Phase IIIB: Commence by June 30, 2013; complete by June 30, 2014. Phase IIIC: Commence by December 31, 2014; complete by December 31, 2016. 2. The Contract remains in full force and effect and is not modified except as expressly provided herein. 394607v3 SJB CL205 -23 2 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. COLUMBIA HEIGHTS ECO MIC DEVELOPMENT AUTH t ' ITY 13 WASP iZ — s - esident By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ,a154- day of , 2011, by J� t and Walter R. Fehst, the President and Executive Director of the ColuMbia Heights Economic Development Authority, a public body politic and corporate, on behalf of the Authority. PATRICIA V. MISCOVITZ r ar �' PiCd3l31Y No ary Public •,;t, comi 01 .31 -2015 394607v3 SJB CL205 -23 3 CITY OF COLUMBIA S B Its Mayor By .r�..r Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this .. ( day of e _: M , 2011, by Gary Peterson and Walter R. Fehst, the Mayor and City Manager of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the City. ri PRICY. MUSCOWL Nom iC M O M Comm fi, X 01. 362015 r otary Public 394607v3 SJB CL205 -23 4 BNC NATIONAL BANK * 7 1 ..110.21FAIP_ By k : - .0mosi--- Its \APce_ frerimrA STATE OF MINNESOTA ) ) SS. COUNTY OF tgeApte ) The foregoing instrument was acknowledged before this / day of 2011 byt)eA, 4 /Pr( 60-1 /Wro A:: , the Vie c /12c BNC National Bank, a national banking association, on behalf of the Bank. RANDOLPH C. JOHNSON N0 i so a *at:oy t N„,... t,, Cc nrmssion E.- Jan 31, 2015 I Notary Publi LT 394607v3 SJB CL205-23 5