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0 <br />O <br />TWW <br />IbBRUITON <br />the city that works for you <br />Report Number <br />Agenda Section <br />Council Meeting Date <br />REQUEST FOR COUNCIL CONSIDERATION <br />10-075 <br />VIII -1 <br />March 23, 2010 <br />ITEM DESCRIPTION: Consideration of Request by Bremer Bank to Amend the Amended and <br />Restated Contract for Private Redevelopment with New Brighton Commons, LLC and Subordinate the <br />City's Interest in said Agreement to a New First Mortgage <br />DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Director of Community Development <br />CITY MANAGER'S APPROVAL: <br />No comments to sunnlement this <br />Comments attached <br />Recommendation: Staff recommendsha he City Council approve the request by Bremer <br />Bank to amend the Amended and Restate ha <br />for Private Redevelopment with New <br />Brighton Commons, LLC and to subordinate the City's interest in said agreement to a new first <br />mortgage. <br />Legislative History: <br />September 13, 2005 City approved non-binding term sheet with Ryan Companies US, Inc. for <br />development of a future office/warehouse building at 200 5a` Avenue NW. <br />The building was designed to house the USPS carrier annex and one <br />additional tenant. <br />February 28, 2006 City approved a Contract for Private Redevelopment with New Brighton <br />Commons, LLC for the sale of land and development of the property. <br />Ryan established the limited liability company as the ownership entity for <br />the project. <br />July 11, 2006 City approved a First Amendment to the Contract for Private <br />Redevelopment with New Brighton Commons, LLC. The amendment <br />addressed delays that had occurred in the project. <br />June 25, 2007 City approved an Amended and Restated Contract for Private <br />Redevelopment with New Brighton Commons, LLC. Like the first <br />amendment, the subsequent agreement dealt with delays in the project. A <br />copy of this final agreement is attached for reference purposes. <br />Financial Impact: <br />None. <br />I:\COUNCIL\REPORTS\2010\Community Development\3-23-2010\Bremer Bank (Contract Amendment and Subordination <br />Request).docm <br />