HomeMy WebLinkAbout2018-009 EDARCommissioner Kris Lawrence-Anderson introduced the following resolution
and moved its adoption:
EDA RESOLUTION NO. 2018-09
RESOLUTION APPROVING A PEDESTRIAN EASEMENT
AGREEMENT FOR A SIDEWALK OVER PROPERTY OWNED BY
SFG NET LEASE TG MINNEAPOLIS, LLC THAT SERVICES THE
METRO TRANSIT PARK AND RIDE LOT LOCATED NEAR 6420
CAMDEN AVENUE NORTH
BE IT RESOLVED by the Board of Commissioners ("Board") of the Economic
Development Authority of the City of Brooklyn Center, Minnesota ("Authority") as follows:
Section 1. Recitals.
1.01. In 2006, the Metropolitan Council (the "Metropolitan Council") and Regal
Cinema ("Regal") entered into a license agreement that gave the Metropolitan Council a license to
use 200 parking spaces of the movie theater parking lot and driveway owned by Regal located at:
6520 Camden Avenue North, near the intersection of Highway 252 and Avenue (the "Regal
Property") as a park and ride lot for Metro Transit commuters together with a sidewalk connecting
the park and ride lot to a Metro Transit bus stop located in the Minnesota Department of
Transportation right-of-way (the "License Area").
1.02. Regal conveyed the Regal Property to Topgolf for redevelopment. The
Property was platted and as part of a land exchange with Topgolf, the Authority is now the owner of
Lot 2, Block 1, Topgolf Addition, Hennepin County, Minnesota, which consists of a portion of the
Regal Property and a majority of the License Area.
1.03. Topgolf conveyed its portion of the Regal Property to SFG NET LEASE TG
MINNEAPOLIS, LLC ("SFG"), who is leasing the property back to Topgolf as part of its financing
of the redevelopment project.
1.04. Regal's license agreement with the Metropolitan Council was assigned to the
Authority. In order to allow the Authority to continue to meet its obligations as the licensor under
the license agreement, the Authority has requested that SFG grant the Authority an easement over
the SFG Property for pedestrian purposes and SFG has agreed to grant the Authority an easement.
Section 2. Authority Approval Further Proceedings.
2.01. The Board hereby approves the attached Pedestrian Easement Agreement
(the "Agreement") in substantially the form presented to the Board, subject to modifications that do
not alter the substance of the Agreement and that are approved by the President and Executive
Director, provided that execution of the Agreement by those officials shall be conclusive evidence
of their approval.
EDA RESOLUTION NO. 2018-09
2.02. Authority staff and officials are authorized to take all actions necessary to
perform the Authority's obligations under the Agreement as a whole.
July 23, 2018
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Date President
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Dan Ryan
and upon vote being taken thereon, the following voted in favor thereof:
Tim Wilson, April Graves, Kris Lawrence-Anderson, Dan Ryan
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.