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9.0. EDSR 10-14-1996 ITEM 9 ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY • October 10, 1996 EDA Report 96-2 AMENDMENT TO REDEVELOPMENT AGREEMENT BETWEEN EDA AND ANOKA MEDICAL PROPERTIES Proposed Action Staff recommends adoption of the following motion: Move to approve amendment to redevelopment agreement between City of Elk River Economic Development Authority and Anoka Medical Properties and MedCenters Managed Care, Inc. With approval of this action,Anoka Medical Properties will proceed to close on the sale of their building to MedCenters Managed Care, Inc. Overview A redevelopment agreement was executed in March, 1990, between the City of Elk River EDA and Anoka Medical Properties. Such redevelopment agreement allows the EDA the authority to approve any transfer of the property or change in ownership of the property throughout the ioterm of the tax increment district or until the bonds are paid in full on the project. Anoka Medical Properties is at this time requesting the EDA approve the sale of their property most commonly referred to as Mork Clinic, to MedCenters Managed Care, Inc. Primary Issues to Consider 0 Will there be any changes in the effect of the redevelopment agreement or tax increment district due to this sale? MedCenters Managed Care, Inc. agrees within the amendment that it will perform all of the obligations and responsibilities of Anoka Medical Partnership under such redevelopment agreement upon approval of the amendment and closing on the sale of the property. Supporting Documents 0 Draft amendment to redevelopment agreement. • Paul T. ;teinman, Director of Economic Development eda\meetings\rpt96-2.doc 13065 Orono Parkway• P. O. Box 490 • Elk River, MN 55330-1743 • (612) 441-7420 • Fax (612) 441-7425 Equal Opportunity Housing and Equal Opportunity Employment AMENDMENT TO REDEVELOPMENT AGREEMENT • This AMENDMENT TO REDEVELOPMENT AGREEMENT is entered into as of the day of October, 1996 by and among the CITY OF ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY ("EDA"), ANOKA MEDICAL PROPERTIES ("AMP") and MEDCENTERS MANAGED CARE, INC. ("MedCenters"). RECITALS A. EDA and AMP entered into that certain Redevelopment Agreement dated March 23, 1990 pertaining to real property located in Elk River, Minnesota legally described on attached Exhibit A (the "Redevelopment Agreement"). B. Section 8.3 of the Redevelopment Agreement provides that AMP shall not make or create or suffer to be made or created any total or partial sale of the Redevelopment Property without the prior written approval of EDA. C. AMP and MedCenters have entered into a purchase agreement wherein AMP has agreed to convey the Redevelopment Property to MedCenters. D. EDA is willing to consent to the conveyance of the Redevelopment Property • from AMP to MedCenters pursuant to the terms and conditions contained herein. AGREEMENT NOW, THEREFORE, for One Dollar and other good and valuable consideration, the receipt and sufficient of which are hereby acknowledged, the parties agree as follows: 1. EDA hereby consents to the conveyance of the Redevelopment Property from AMP to MedCenters. 2. EDA hereby acknowledges that MedCenters satisfies the qualifications and financial responsibilities necessary and adequate to fulfill the obligations of AMP as required pursuant to Section 8.3 of the Redevelopment Agreement. 3. EDA further acknowledges that AMP has complied with all of the obligations and responsibilities required of AMP under the Redevelopment Agreement as of the date hereof. - 1 - ID I"fri-7,vi'r-fr"-E' 4. MedCenters hereby assumes and agrees topperform all of the obligations and responsibilities of AMP under the Redevelopment Agreement accruing after the date. hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. CITY OF ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY By: . Its: ANOKA MEDICAL PROPERTIES • By•Its: MEDCENTLRS MANAGED CARE, INC. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of October, 1996, by , the of the City of Elk River Economic Development Authority, a , on behalf of the Notary Public • 2 • STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this _ day of October, 1996, by , the of Anoka Medical Properties, a Minnesota partnership. on behalf of the partnership. Notary Public STATE OF MINNESOTA ) ) as. COUNTY OF ) The foregoing instrument was acknowledged before me this _day of October, 1996, by , the of • MedCenters Managed Care, Inc., a Minnesota corporation, nn behalf of the corporation. Notary Public THIS AGREEMENT WAS DRAFTED BY: Fredrikson & Byron (CJD) 1100 International Centre 900 Second Avenue South Minneapolis, Minnesota 55402 584936/100496 • 3 EXHIBIT B Form of Certificate of Completion The undersigned hereby certifies that Anoka Medical Properties has fully and completely complied with its obligations under Article II of that document entitled "Redevelopment Agreement", dated as of March , 1990, between the City of Elk River Economic Development Authority (the Authority) and Anoka Medical Properties , with respect to construction of the Improvements in accordance with the approved construction and constructreleased undorand such discharged from its obligations to above- referenced Article. Dated: ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY By: • Its: Executive Director • • B-1. TJK:DQ2s