HomeMy WebLinkAbout2024-05 EDARBR305\162\959365.v1
Commissioner Graves introduced the following resolution and moved its adoption:
EDA RESOLUTION NO. 2024-04
RESOLUTION APPROVING THE FIRST AMENDMENT TO
PURCHASE AND DEVELOPMENT AGREEMENT (WITH
RESPECT TO AN EXTENSION OF TIME ONLY FOR
PROJECT 1)
BE IT RESOLVED by the Board of Commissioners (the “Board”) of the Economic
Development Authority of the City of Brooklyn Center, Minnesota (the “Authority”) as follows:
Section 1. Recitals.
1.01. The EDA and C. Alan Homes, LLC (the “Developer”) entered into that certain
Purchase and Development Agreement on September 14, 2020 (the “Agreement”), relating to the
purchase and development of the property legally described on the attached Exhibit A (the
“Property”); and
1.02. The Agreement required the Developer to construct 13 three-bedroom triplexes on
the Property (the “Minimum Improvements”) no later than 18 months of the date of the deed which
is dated December 29, 2020; and
1.03. The development of the Property is divided into two projects, Project 1 being the
property located at 6025, 6031, 6037, and 6045 Brooklyn Boulevard and Project 2 being the
property located at 6921, 6927, 6933, and 6939 Brooklyn Boulevard
1.03. The Developer has commenced construction of the Minimum Improvements with
respect to Project 1 but has not completed construction of the Minimum Improvements on Project
1. The Developer has not commenced construction of any of the Minimum Improvements with
respect to Project 2; and
1.04. The Developer has requested an extension to the amount of time that it has to
construct the Minimum Improvements with respect to both Project 1 and Project 2 to December
31, 2025; and
1.05. The EDA is willing to agree to this extension of time with respect to Project 1; and
1.06. The EDA and the Developer desire to amend the Agreement in order to allow for
the Developer until December 31, 2025 to construct the Minimum Improvements with respect to
Project 1 as more specifically set forth herein; and
Section 2. Authority Approval.
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2.01. The Board hereby directs staff to revise the First Amendment to Purchase and
Development Agreement (the “First Amendment”) so that it no longer allows for extension with
respect to Project 2. Said revisions must be approved by the President and Executive Director,
provided that execution of the Agreement by those officials shall be conclusive evidence of their
approval.
2.02. Authority staff and officials are authorized to take all actions necessary to perform
the Authority’s obligations under the Agreement and the First Amendment as a whole, including
without limitation execution of any documents to which the Authority is a party referenced in or
attached to the Agreement and the First Amendment and all as described in the Agreement and the
First Amendment.
_________________________
President
_____June 24, 2024________
Date
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Lawrence-Anderson
and upon vote being taken thereon, the following voted in favor thereof:
Graves, Jerzak, Kragness, Lawrence-Anderson
and the following voted against the same: none
whereupon said resolution was declared duly passed and adopted.
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EXHIBIT A
Legal Description of the Property
Parcel 1:
Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42
feet Southwesterly of the following described line:
From a point on the South line of Section 34, Township 119 North, Range 21 West, distant
1741.08 feet West of the Southeast corner thereof, run Northwesterly at an angle of 68 degrees
01 minutes 52.3 seconds with said South section line for 432.38 feet to the point of beginning of
the line to be described; thence run Southeasterly along the last described course for 100 feet;
thence deflect to the right on a 2 degree 00 minutes curve (delta angle 17 degree 20 minutes 35.2
seconds) for 867.16 feet and there terminating, Block 1, Pearson's Northport 3rd Addition.
Hennepin County, Minnesota
Torrens Property
Torrens Certificate No. 1392052
Parcel 2:
Lot 2, Block 1, Pearson's Northport 3rd Addition, except that part described as follows:
Beginning at the
Southeast corner of said Lot 2; thence run Westerly on the South line of said Lot 2 for 1.72 feet;
thence run Northerly on a curve deflecting to the left and having a radius of 2822.79 feet to a
point on the North line of said Lot 2, distant 5.20 feet Westerly of the Northeast corner of said
Lot 2; thence run Easterly on the north line of said Lot 2 to the Northeast corner of said Lot 2;
thence run Southerly on the East line of said Lot 2 to the point of beginning
Hennepin County, Minnesota
Torrens Property
Torrens Certificate No. 1316934
Parcel 3:
That part of Lot 4, Block 5, lying South of a line drawn parallel with and distant 138 feet North
of, measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace.
Hennepin County, Minnesota
Torrens Property
Torrens Certificate No. 1483315
Parcel 4:
That part of Lot 4, Block 5 lying North of a line drawn parallel with and distant 138 feet North
of, measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace
Hennepin County, Minnesota
Torrens Property
Torrens Certificate No. 1483312
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Parcel 5:
All that part of Lot 1, which lies Southwesterly of a line run parallel with and distant 42 feet
Southwesterly of the following described line: Beginning at a point on the South line of Section 27,
Township 119, Range 21, distant 1607.8 feet West of the South Quarter corner thereof; thence run
Northwesterly at an angle of 53 degrees 20 minutes 37.5 seconds with said South Section line for 1000
feet and there terminating, Block 1, Sunset Manor.
Hennepin County, Minnesota
Torrens Property
Torrens Certificate No. 1427277
Parcel 6:
Lot 2, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet
Southwesterly of the following described line: Beginning at a point on the South line of Section 27,
Township 119 North, Range 21 West distant 1607.8 feet West of the South Quarter corner thereof;
thence run Northwesterly at an angle of 53 degrees 20 minutes 37.5 seconds with said South Section
Line for 800 feet and there terminating, Block 1, Sunset Manor.
Hennepin County, Minnesota.
Torrens Property
Torrens Certificate No. 810173
Parcel 7:
Lot 3, Block 1, Sunset Manor.
Hennepin County, Minnesota
Torrens Property
Torrens Certificate No. 1377906
Parcel 8:
That part of Lot 4, Block 1, Sunset Manor, which lies southwesterly of a line run parallel with and
distant 42 feet southwesterly of the following described line: Beginning at a point on the South line of
Section 27, Township 119 North, Range 21 West distant 1607.8 feet West of the South quarter corner
thereof; thence run northwesterly at an angle of 53 degrees 20 minutes 37.5 seconds with said South
Section line for 800 feet and there terminating.
Hennepin County, Minnesota
Torrens Property
Torrens Certificates No. 1486581