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HomeMy WebLinkAbout2014-016 EDAR Commissioner Dan Ryan introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2014-16 RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH THE LUTHER COMPANY, LLLP (REGARDING THE LUTHER HONDA AND TOYOTA DEALERSHIP FENCE PROJECT) Section 1. Recitals. WHEREAS, the EDA has received a proposal from The Luther Company, LLLP, d/b/a Luther Automotive Group (together with any applicable affiliate, "Luther") that the EDA assist Luther with certain public costs associated with the construction of decorative masonry security fence (the "Screening Improvements") in connection with the construction of its Honda and Toyota dealership facilities(the"Project"); and WHEREAS, the EDA has caused to be prepared a Tax Increment Development Agreement by and between the EDA and Luther(the"Development Agreement") setting forth the terms and conditions under which the EDA will provide assistance for the Screening Improvements; and WHEREAS, the EDA has found and determined that the Project has redeveloped a previously blighted and underutilized site and the Screening Improvements will improve the screening between the residential properties to the west of the Project,will significantly improve the safety and security of such residential properties and the Development Property, will assist in abating noise from Brooklyn Boulevard and I-694 and will be a significant enhancement to the condition and livability of such residential properties. Section 2. EDA Approval;Further Proceedings. NOW, THEREFORE, BE IT RESOLVED the Economic Development Authority in and for the City of Brooklyn Center hereby approves a Development Agreement with The Luther Company, LLLP regarding the Luther Honda.and Toyota dealership fence project,based on the following findings: 2.01. The Development Agreement as presented to the Board is hereby in all respects approved, in substantially the form submitted, together with any related documents necessary in connection therewith, and the President and the Executive Director are hereby authorized and directed to execute the Development Agreement on behalf of the EDA and to carry out,on behalf of the EDA,the EDA's obligations thereunder; and 2.02. The approval hereby given to the Development Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the EDA and by the officers authorized herein to EDA RESOLUTION NO. 2014-16 execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the EDA. The execution of any instrument by the appropriate officers of the EDA herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of the officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the Board by any duly designated acting official,or by such other officer or officers of the Board as, in the opinion of the City Attorney,may act in their behalf. 1 f� September 8, 2014 Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lin Myszkowski and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.