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4. A change to indicate that Jeffrey L. Neilsen is the General Partner and not President of <br /> Michael Investments. <br /> It was noted that Jim O'Meara of Briggs and Morgan who drafted the original agreement on <br /> behalf of the EDA has reviewed the proposed changes and indicated that there are no legal issues <br /> with the proposed changes. Staff recommends approval of a resolution approving and <br /> authorizing the execution of an amended development assistance agreement with Michael <br /> Investments regarding the Building N project. <br /> Commissioner Quick asked if staff is satisfied with the agreement. Community Development <br /> Director Jopke stated the agreement is consistent with past EDA approvals and he is satisfied <br /> since these issues involve housekeeping issues. <br /> MOTION: Quick. To adopt Resolution 99-EDA-108, a resolution approving and authorizing the <br /> execution of an amended development assistance agreement with Michael Investments regarding <br /> the Building 'N' Project. '. <br /> There being no second, President Coughlin declared the motion to have died for lack of a second. <br /> MOTION: Coughlin. President Coughlin stated since this amended development agreement has <br /> not been acted on in the affirmative, he offered the following resolution: <br /> "It is hereby resolved by the Board of Commissioners of the Mounds View Economic <br /> Development Authority that any and all prior authorizations of the officers of the Authority to <br /> execute any Development Assistance Agreement between the Authority and The Everest Group <br /> or Michael Investments, including without limitation Resolution Nos. 97-EDA67 and 98-EDA97 <br /> of the Board adopted on August 25, 1997, and September 14, 1998, respectively, be and hereby <br /> are withdrawn and rescinded. Accordingly,the officers of the Authority are no longer authorized <br /> to execute any such agreements respecting tax increment assistance for the so-called Building <br /> 'N' project." <br /> President Coughlin explained he was authorized to enter into an agreement if the agreement was <br /> found to be good and right and the resolution he is proposing, essentially,rescinds that authority <br /> for himself and Mr. Whiting to enter into an agreement by the EDA proper. <br /> SECOND: Thomason. <br /> Ayes - 4. Nays - 1 (Quick). Motion carried. <br /> President Coughlin stated the next issue to address is that the EDA has been holding documents <br /> sent by Michael Investments that pertained to the original agreement prior to this present EDA <br /> consideration. He asked whether it is the will of the EDA to accept the document as originally <br /> 2 U:\CARTS\COUNCIL\MINUTES\MVEDA12.APR <br />