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HomeMy WebLinkAboutResolution 8822 RESOLUTION NO. 8822 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING CONSENT TO PARTNERSHIP CHANGE IN SILVER LAKE COMMONS PROJECT WHEREAS,the city of Mounds View("City")previously entered into a development agreement for real property located within the City, dated December 21St, 1998 (the "Agreement"); and WHEREAS, the parties to the Agreement subsequently entered into a First Amendment to the Agreement whereby the parties added an additional developer entity to the Agreement; and WHEREAS,such additional developer was known as the Mounds View Family Housing Limited Partnership,a Minnesota limited partnership(the"Partnership"),which consisted of the following general and limited partners: A. General Partner: MSP Housing—Minnesota, LLC B. General Partner: Milo S. Pinkerton, an individual; C. Limited Partner: MSP Housing—Minnesota, LLC D. Milo Pinkerton WHEREAS,the Partnership has changed its corporate structure,including changes to the roster of general and limited partners and relative partnership interests,such proposed changes to the structure result in the following roster of general and limited partners and respective interests: A. Limited Partner: Virgil Taus—(0.01); B. General Partner: MSP Housing—Minnesota, LLC (99.98); and C. General Partner: Milo Pinkerton (0.01). WHEREAS,the Partnership has requested that the City acknowledge and consent to the change in the Partnership's structure and reallocation of interest by signing the acknowledgement and consent attached hereto as Exhibit A. NOW,THEREFORE,BE IT RESOLVED,that the above-referenced recitals are incorporated herein to this Resolution. 506522v1 AMB MU210-17 Resolution 8822 Page 2 NOW,THEREFORE,BE IT FURTHER RESOLVED,that the City does hereby acknowledge and consent to the change in partnership structure and reallocation of partnership interest. Nothing herein shall be interpreted or construed to alter, substitute,or abrogate any duty,obligation,or benefit belonging to any party under the Agreement or any amendment thereto. The sole purpose and scope of the City's acknowledgement and consent is to the change in internal structure of the Partnership, as it relates to the Agreement, and therefore the City's approval shall have no relationship to any substantive term of the Agreement, or any amendment thereto. NOW,THEREFORE,BE IT FINALLY RESOLVED THAT,the City Administrator,Mayor, and City's attorneys are hereby authorized and directed to take any and all additional steps and actions necessary or convenient to file or record the appropriate documents to facilitate the directives of the City Council as provided herein in order to accomplish the intent of this Resolution. Adopted by the City Council of the City of Mounds View this 28th day of August, 2017. CITY OF MOUNDS VIEW 4Vk' Carol A. Mueller, Mayor ATTEST: James Ericson, City Administrator (seal) 506522v1 AMB MU210-17 EXHIBIT A Acknowledgment and Consent To: Mr. Greg Russ, Executive Director c/o Janice Hughes Minneapolis Public Housing Authority 1001 N. Washington Avenue Minneapolis, MN 55401-1043 From: Jim Ericson City Administrator City of Mounds View—City Hall 2401 Mounds View Blvd Mounds View, MN 55112 Re: Acknowledgment and Consent of Partnership change for Mounds View Family Limited Partnership. Date: August 8, 2017 This memo serves to provide notice to the Minneapolis Public Housing Authority (MPHA)that we have been advised of the partnership changes that have occurred for the Mounds View Family Limited Partnership that were completed in June 2017. The City of Mounds View consents to these partnership changes with the understanding that the Partnership will continue to own the Project and will continue to be obligated for any remaining obligations that the Partnership has with respect to the MHOP units and Funds as stipulated in the Regulatory and Operating Agreement and other Housing Covenants the Owner has with Minneapolis Public Housing Authority (MPHA). Acknowledgment and Consent of Partnership Change Mounds View Family Limited Partnership: Jim Ericson City Administrator City of Mounds View, MN