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HomeMy WebLinkAbout6.n. Motion to Approve Amendment to Contract for Private Development for The Rosemount at Steeple Center4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: September 16, 2014 AGENDA ITEM: Motion to Approve the Amendment to the AGENDA SECTION: Contract for Private Development for The Consent Rosemount at Steeple Center by and among the Rosemount Port Authority and the City of Rosemount and Rosemount Senior Living Associates I, LLC PREPARED BY: Kim Lindquist, Community Development AGENDA NO. Director h • ATTACHMENTS: Amendment #1 APPROVED BY: RECOMMENDED ACTION: Motion to Approve Contract Amendment BACKGROUND The City and Port Authority have been working for several years to attract a developer at the Steeple Center site to construct a senior assisted living project. On March 18, 2014, the Port Authority and City Council approved a Contract for Private Development for The Rosemount at Steeple Center. While the developer has continued to move the project forward, timing for start of construction has been delayed from what was initially anticipated. The amendment before the Council is to shift the closing date, project start date and substantial completion date. Below lists the previous dates found in the approved agreement and the recommended new dates. All other sections of the agreement remain unchanged. 1. The closing date is revised to November 1, 2014 from August 1, 2014 2. The construction commencement date is revised to December 1, 2014 from September 1, 2014. 3. The date of substantial completion of the Minimum Improvements is revised to April 1, 2016 from December 31, 2015 CONCLUSION Motion to approve the Amendment to the Contract for Private Development for The Rosemount at the Steeple Center. CONTRACT FOR PRIVATE DEVELOPMENT FORTH E ROSEMOUNT AT THE STEEPLE CENTER AMENDMENT #1 This amendment to the Contract for Private Development for the Rosemount at the Steeple Center between the City of Rosemount, a Minnesota municipal corporation (City) and The Rosemount Port Authority and Rosemount Senior Living Associates I, LLC is made and entered into this day of September 2014. The Agreement is amended: Section 3.7. Closing. Closing must take place on or before August November 1, 2014 ( "Closing Date "), or such other date as may be agreed to by the Developer, the Authority and the City in writing. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements no later than Septembe December 1, 2014. Subject to Unavoidable Delays, the Developer shall have substantially completed the construction of the Minimum Improvements no later than Deeembe April 31, 20156. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property shall be in conformity with the Construction Plans. IN WITNESS WHEREOF, the Authority, the City and the Developer have caused this Agreement to be duly executed in their names and behalves on or as of the date first above written. ROSEMOUNT PORT AUTHORITY Approved by Port Authority September 16, 2014 By: By: STATE OF MINNESOTA ) 1 Jeff Weisensel, Chair Dwight Johnson, Executive Director ) ss. COUNTY OF HENNEPIN ) The foregoing instrument as acknowledged before me this day of 2014, by Jeff Weisensel and Dwight Johnson, the Chair and Executive Director, respectively, of the Rosemount Port Authority, a public corporation under the laws of Minnesota, on behalf of the Authority. Notary Public 1W STATE OF ) ss. COUNTY OF CITY OF ROSEMOUNT Approved by City Council September 16, 2014 By: And: William Droste, Mayor Clarissa Hadler, City Clerk The foregoing instrument as acknowledged before me this day of 2014, by William Droste and Clarissa Hadler, Mayor and City Clerk, respectively, of the city of Rosemount, a municipal corporation under the laws of Minnesota, on behalf of the City. Notary Public STATE OF COUNTY OF the ROSEMOUNT SENIOR LIVING ASSOCIATES I, LLC By: Its: ) ss. The foregoing instrument was executed this day of 2014, by of Rosemount Senior Living Associates I, LLC, a Minnesota limited liability company, on behalf of the limited liability company. M Notary Public