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HomeMy WebLinkAbout4.3b Resolution 2023-001 Approving Second AmendmentsCITY OF COTTAGE GROVE, MINNESOTA COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION 2023 - 001 A RESOLUTION APPROVING THE SECOND AMENDMENT TO PURCHASE AGREEMENT BY AND BETWEEN GLENDENNING FARMS, L.P., WAG FARMS, INC. AND JOAN GLENDENNING KENNEDY FAMILY LIMITED PARTNERSHIP AND THE COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY AND THE SECOND AMENDMENT TO PURCHASE AGREEMENT BY AND BETWEEN THE COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY AND RYAN COMPANIES US, INC. WHEREAS, on February 8, 2022, by and through Resolution No. 2022-004, the Cottage Grove Economic Development Authority (“EDA”) approved the purchase of real property from Glendenning Farms, L.P., WAG Farms, Inc. and Joan Glendenning Kennedy Family Limited Partnership (“WAG”), and sale of the same property to Ryan Companies US, Inc. (“Ryan Companies”); and WHEREAS, also on February 8, 2022, by and through Resolution No. 2022-004, after a public hearing, the EDA approved the related Purchase Agreements and authorized the appropriate officials to take such action as to effectuate its execution and implementation; and WHEREAS, on August 22, 2022, by and through Resolution No. 2022-010, Ryan Companies requested an extension of the Closing Date to March 3, 2023, the EDA approved the extension and the First Amendment to Purchase Agreement; and WHEREAS, also on August 22, 2022, by and through Resolution No. 2022-010, the EDA requested the same extension of the Closing Date to March 3, 2023, WAG approved the extension, and the parties approved the First Amendment to Purchase Agreement; and WHEREAS, the Ryan Companies has requested an extension of the Closing Date to September 5, 2023, due to uncontrollable circumstances; and WHEREAS, the EDA has requested the same extension of the Closing Date to September 5, 2023, due to uncontrollable circumstances; and WHEREAS, the EDA and WAG, respectively, agree to the extension. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Cottage Grove Economic Development Authority, as follows: 1. The Second Amendment to Purchase Agreement by and between EDA and Ryan Companies is hereby approved, subject to minor modification as approved by the City Attorney, and the appropriate officials are authorized to take such action as to effectuate its execution and implementation. City of Cottage Grove, Minnesota EDA Resolution 2023-001 Page 2 of 2 2. The Second Amendment to Purchase Agreement by and between WAG and EDA is hereby approved, subject to minor modification as approved by the City Attorney, and the appropriate officials are authorized to take such action as to effectuate its execution and implementation. Adopted this 14th day of February, 2023. Myron Bailey, President Attest: Jennifer Levitt, Executive Director