HomeMy WebLinkAboutResolution No. 358-18 (D2) - Bloom Riverfront.DevelopAssistantAgreement
EDA RESOLUTION NO. ______
COUNCIL RESOLUTION NO. ______
ROCHESTER ECONOMIC DEVELOPMENT AUTHORITY
COUNTY OF OLMSTED
STATE OF MINNESOTA
RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A
DEVELOPMENT ASSISTANCE AGREEMENT
BE IT RESOLVED by the Board of Commissioners (the “Board”) of the Rochester
Economic Development Authority (the “EDA”), as follows:
Section 1. Recitals.
1.01. The EDA has established DMC Redevelopment Tax Increment Financing District
No. 66-1 (Bloom Riverfront) (the “TIF District”) within Economic Development District No. 66
(the “Development District”), and adopted a Tax Increment Financing Plan therefor for the
purpose of financing certain improvements within the Development District.
1.02. The EDA has received a proposal by Bloom International Realty LLC, a
Delaware limited liability company (the “Developer), for tax increment financing and other
assistance in connection with the construction of an approximately 925,673 square foot, two-
tower, skyway connected structure with structured parking, approximately 181 hotel rooms,
approximately 215 independent, assisted living and memory care apartment units and
approximately 132 owner occupied condominium housing units with retail on the street and
skyway levels (the “Project”) to be located 14 2nd Street SE, 50 3rd Street SE, and 11 4th Street
SE within the Development District;
1.03. The EDA has determined that it is reasonable and necessary to provide certain
financial assistance to the Developer in order to facilitate Developer’s plan for the Project, and to
that end, the EDA has negotiated a Development Assistance Agreement (the “Development
Agreement”) between the City, EDA and Developer.
Section 2. Approval of Development Agreement.
2.01. The Board hereby approves the Development Agreement substantially in
accordance with the terms set forth in the form presented to the Board, together with any related
documents necessary in connection therewith, including without limitation all documents or
certifications referenced in or attached to the Development Agreement (collectively, the
“Development Documents”) and hereby authorizes the President and Secretary, in their
discretion and at such time, if any, as they may deem appropriate, to execute the same on behalf
of the EDA, and to carry out, on behalf of the EDA, the EDA’s obligations thereunder; provided
however that this authorization by the EDA shall expire if the Developer has not, by July 31,
2019 (the “Expiration Date”), (i) executed the Development Agreement, (ii) obtained a footing
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and foundation permit and commenced construction of the foundation of the Development, and
(iii) delivered to the EDA evidence satisfactory to the EDA that the Developer has sufficient
financing to complete the Development. Prior to the Expiration Date, the Developer may request
an extension from the Board of Commissioners of the EDA.
2.02. The approval hereby given to the Development Documents 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 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.
2.03. Upon execution and delivery of the Development Documents, the officers and
employees of the EDA are hereby authorized and directed to take or cause to be taken such
actions as may be necessary on behalf of the EDA to implement the Development Documents,
including without limitation the issuance of the pay-as-you-go tax increment revenue note
thereunder.
2.04. The Board hereby determines that the execution and performance of the
Development Documents will help realize the public purposes of the Act.
PASSED AND ADOPTED BY THE BOARD OF COMMISSIONERS OF THE
ROCHESTER ECONOMIC DEVELOPMENT AUTHORITY, THIS ________ DAY OF
______________, 2018.
PRESIDENT OF SAID AUTHORITY
SECRETARY OF SAID AUTHORITY
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APPROVED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER,
MINNESOTA, THIS ________ DAY OF ______________, 2018.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: _________________
CITY CLERK
APPROVED THIS ______ DAY OF ____________, 2018.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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