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HomeMy WebLinkAbout2016-2756.12CONTRACT NO: 2016-012 CQ-4r—T— FIRST AMENDMENT TO SECOND AMENDED AND RESTATED, CONTRACT FOR PRIVATE REDEVELOPMENT This agreement is made as of ZL . . ..... . 2016, by and between the COLUMBIA A T HEIGHTS ECONOMIC DEVELOPMENT A THORITY, a public body politic and corporate (the Authority"), the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (tile City"), and COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES 1, LLLP, a Minnesota limited liability limited partnership (the "Redeveloper"). WHEREAS, the Authority, the City, and the Redeveloper entered into that certain Second Amended and Restated Contract for Private Redevelopment dated as of October 30, 2015 (theContract"), amending and restating, certain prior agreements and providing, arriong other things, for the construction by the Redeveloper of certain improvements (the *'Minimum Improvements") on the property legally described within the Contract (the "Redevelopment Property"), and the disbursement of an administrative fee by the Redeveloper to the Authority (the "AdministrativeFee") in connection with the issuance by the Authority of its Tax Increment Revenue RefundingBonds (Huset Park Area Redevelopment Project), Series 2016 (the "Bonds"); and WHEREAS, the parties have determined to revise the Contract to clarify the definition ofMinimumImprovements," to extend the required deadlines for the commencement and completion of construction of the Minimurn Improvements,, and to designate an extended deadline for payment of the Administrative Fee. 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: I . Amendment to Section I A of the Contract. The definition of "Minimum Improvements" in Section 1.1 of the Contract is amended as follows: Minimum Improvements" means the construction on the Redeveloper Parcels of a multistory building containing 191 units of multifamily rental housing, along with associated underground structured parking and surface parking. 2. Amendment to Section 3.i5(b) of the Contract. Section 3.5(b) of the Contract is amended as tbllows: b) In conjunction with execution of this Agreement, the Authority has refunded theSeries21107Bondstoachievedebtservicesavings (such refunding bonds hereinafter referred to as the "Refunding Bonds"), and the Redeveloper has paid to the Authority funds in the amount of 107,325, representing the total actual Costs of issuance (including underwriters discount) of the Refunding Bonds. The Redeveloper agrees that no later than August 31, 2016, the Redeveloper will pay to the Authority an administrative fee of S100,000, which will be deposited into a legally authorized redevelopment fund to be designated by the Authority or City. 3, Amendment to Section 43(a) of the Contract, Section 4.3(a) of the Contract is amended as follows: Section 4.3. Commencement and Completion of Construction. (a) Subject to Unavoidable Delays, the Redeveloper shall commence construction of the Minimum Improvements by March 1, 2017. Subject to Unavoidable Delays, the Redeveloper shall complete the construction of the Minimurn Improvements by September 30, 2018. All work with respect to the Minunum Improvements to be constructed or provided by the Redeveloper on the Redeveloper Parcels shall be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority. 4. Miscellaneous. Except as amended by this Amendment, the Contract shall remain in full force and effect- Upon execution, Redeveloper shall reimburse the Authority for all out-of pocket-costs incurred by the Authority in connection with negotiating, drafting and approval of thisAmendment. Remainder of this page intentionally left blank.) IN WITNESS WHEREOF, the Authority, the City, and the Redeveloper have caused this Amendment to be duly executed by their duly authorized representatives as of the date first above written, poll eM; Its By Its Executive Direct STATE OF MINNESOTA SS, COUNTY OF ANOKA I I The foregoing instrument was acknowledged before me this day of,, 2016 by Gary Peterson and Wait Fehst, the President and Executive Director of the Col mbia Heights Economic Development Authority, on behalf of the Authority. the I—bi Notary Public ar Notary Pub I31 20171V7 Authority signature page to First Amendment to Second Amended and Restated Contract for Private Redevelopment By Its City Manager STATE OF MINNESOTA SS. COUNTY OF Al` OKA The foregoing instrument was acknowledged before me this 'b day of, JJLi4— 2016 by Gary Peterson and Walt Fehst, the Mayor and City Manager of the City of Co umbia Heights, a Minnesota municipal corporation, on behalf of the City, 3_Uc — V111' Notary Public City signature page to First Amendment to Second Amended and Restated Contract for Private Redevelopment COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES 1, LLLP, a Minnesota Limited Liability Limited Partnership Its Senior Vice President STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this = day of 2016 by Mark S. Moorhouse, the Senior Vice President of Columbia HeightsLeasedousingAssociatesILLC, a Minnesota limited liability company, the General Partner of Columbia Heights Leased Housing Associates 1, LLLP, a Minnesota Iii-nited liability limitedpartnership, on behalf of the partnership. Kennedy & Graven, Chartered (MNI) 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 612) 337-9300 Not, y Public' Redeveloper signature page to First Amendment to Second Amended and Restated Contract for Private Redevelopment