Title
RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH HARTLEY NATURE CENTER CORPORATION FOR EXPANSION OF THE BUILDING LEASED BY THE CORPORATION AND IMPROVEMENTS OF PARK AMENITIES.
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CITY PROPOSAL:
WHEREAS, Hartley Nature Center Corporation (the "Corporation") leases and manages an existing building located within Hartley Park that was recently expanded and improved to provide more and better programming and recreational opportunities to the public;
WHEREAS, the city owns and manages Hartley Park and recently completed improvements to outdoor facilities for parking, pedestrian access, and stormwater management;
WHEREAS, the city was awarded a $1,293,975 grant from the Minnesota Parks and Trails Legacy Grants Program (the "Grant") authorized under Resolution No. 18-0567. $1,000,000 of the Grant was allocated to the building expansion (the "Building Addition"), and $293,975 was allocated to improvement of outdoor facilities in Hartley Park ("Park Improvements"). The Building Addition and Park Improvements are collectively referred to as the "Project."
WHEREAS, the Corporation and City entered into a development agreement on December 20, 2019, which agreement was authorized under Resolution No. 19-0874 (the "Original Agreement"). The Original Agreement outlined the goals for the Project and each party's roles and responsibilities.
WHEREAS, the Development Agreement was amended on June 24, 2021 by a first amendment, which amendment was authorized under Resolution No. 21-0440 (the "First Amendment"). The Original Agreement and First Amendment are collectively referred to as the "Development Agreement."
WHEREAS, there were several change orders to the design firm's contract for the Project due work product errors and omissions that led to an unanticipated increase to the Project budget, and the City negotiated a partial settlement with the design firm for the increased costs.
WHEREAS...
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