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07-1012r HRA RESOLUTION NO. 1012 RESOLUTION APPROVING SECOND AMENDMENT TO AGREEMENT REGARDING GRANT FUNDS WHEREAS, Spider Development LLC, ("Redeveloper") is developing a tract of land in the City of Richfield pursuant to a Second Amended and Restated Contract for Private Redevelopment (the "Contract") entered into on April 21, 2003 by and between Gramercy and the Authority; and WHEREAS, the Authority and the Gramercy did as of February 1, 2005 enter into that certain agreement entitled: Agreement Regarding Grant Funds involving the expenditure of certain Metropolitan Council Metropolitan Livable Communities Grant funds; and did thereafter amend such agreement as of January 25, 2007 (collectively the "Agreement"); and WHEREAS, the Redeveloper has proposed that the Agreement be further amended by amending Exhibit A, and has provided Staff and the Board with the proposed amended terms to Exhibit A; and WHEREAS, the Board has received the report and recommendation of Staff regarding the proposed amendment to the Agreement and is familiar with the proposal. NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows: 1. The Second Amendment is approved in substantially the form presented. 2. The Chair and Executive Director are authorized and directed to execute and deliver the Second Amendment to Redeveloper, and to take all actions and do all things reasonably necessary to accomplish the objectives of this resolution and the Second Amendment. Adopted this 16th day of April; 2007. ATTEST: CZJ~ c:rr~ Donna Drummond, Secretary SECOND AMENDMENT TO . AGREEMENT REGARDING GRANT FUNDS THIS AGREEMENT, made and entered into as this _ day of April, 2007, by and between the Housing and Redevelopment Authority in and for the City of Richfield, a Minnesota public body corporate and politic,(the "Authority") and Spider Development, 1.1.c., a Minnesota limited liability company, (the Redeveloper") as assignee of the interests of the Gramercy Corporation, now known as Cooperative Agen~y, Inc., a Minnesota corporation ("Gramercy"). RECITALS: 1. Redeveloper is developing a tract of land in the City of Richfield pursuant to a Second Amended and Restated Contract for Private Redevelopment (the "Contract") entered into on April 21, 2003 by and between Gramercy and the Authority. 2. The Authority and the Gramercy did as of February 1, 2005 enter into that certain agreement entitled: Agreement Regarding Grant Funds involving the expenditure of certain Metropolitan Council Metropolitan Livable Communities Grant funds; and . did thereafter amend such agreement as of January 25,. 2007 (collectively the "Agreement"): -, 3. In consideration of the mutual covenants and agreements hereinafter contained, the Agreement is hereby amended by amending Exhibit A thereof to the form of the attached Exhibit A. ( \, 4. In all other respects, the Agreement shall remain in full.force and effect according to its terms. Spider Development. L.L.C.. a Minnesota limited Iiabilitv company Housing and Redevelopment Authority in and for the City of Richfield By: By: Its: Duncan C. Susee President Suzanne M. Sandahl Its: Chair and By: Steven 1. Devich Its: Executive Director c STATE OF MINNESOTA . ) . .. .m.. . ... Tss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ~ day of , 2007, by Suzanne M. Sandahl, the Chair of The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, a Minnesota public body corporate and politic, on behalf of the authority. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before. me this _ day of , 2007, by Steven L. Devich, the Executive Director of The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, a Miimesota public body corporate and politic on behalf of the authority. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ss.: } ( The foregoing instrument was acknowledged before me this day of 2007, by Duncan C. Susee, the President of Spider Development, L.L.C., a Minnesota limited liability company; by and on behalf of said limited liability company. Notary Public ( ',--- Exhibit A Secund Amendme.nt Budget ~ ,. City Bella/Lake Shore Drive Improvements Richfield, Minnesota April 9, 2007 revision Concept level cost estimate p' C D A \ .:,., rOlect omponent escrlPtion mount A.. City .Bella Streetscape Addition of Lyndale Avenue $80,000. improvements including benches and streetscape elements at City Bella planters (wok-style) With irrigation Plaza and electrical B. City Bella lighting remediation Replacement of metal halide lighting .15,000 at building mounted lights and site ' lighting C. Lyndale A venue' parking bay Removal of extended curb/sidewalk 6,000 correction and realignment of curb Utility Box and Traffic signal Relocation of the three utility boxes 45,000 equipment relocation from the SW corner of 66th street and - Lyndale. Ave., to behind the bus shelter along 66th Street Public art Installation of public art features at .80,000 City Bella {Lyndale Avenue and 66th Street) Bus stop relocation Relocate existing southbound bus 5,000 shelter from SW quadrant of 66th Street and Lyndale Avenue to NW quadrant of 66tl\ Street and Lvndale Count-down crossing signals Replacement of crosswalk signals 20,000 that count down to traffic control change; 8 signals per intersection, three intersections Signs Addition of directional signs for 2,506 parking and park Awnings Installation of awnings on first floor 30,000 windows along 66th Street and Lynda-Ie Avenue Landscape at SW corner o( 66th Street Revise existing iandscape and 50,000 and Lyndale sidewalk area on corner to enhance \ artwork Monument sign Install monument sign for City Belia 15,000 on Ly11dale at SW corner of 66th Street and Lyndale Flawole Install flagtiole with base 5,000 Miscellaneous items including Miscellaneous and iridependent items 10,000 moving existing lighting, sculpture of work and flag lighting Construction costs 363,500 Contingency at 20% 72,700 , Administration, design, engineering 85,000 at 20% - Total Proiect costs $521,200 I I :,i