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06-9775r RESOLUTION NO. 9775 RESOLUTION APPROVING AGREEMENT WITH RYAN COMPANIES US, INC. WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "Authority") is undertaking a redevelopment project called Cedar Point, hereinafter called the "Project"; and WHEREAS, the Project is included within The Richfield Redevelopment Project Area, duly established by Resolution No. 8030, adopted on June 14, 1993 (the "Project Area"); and WHEREAS, The Authority and Ryan Companies US, Inc ("Ryan") entered into that certain Contract for Private Development dated July 27, 2005, as amended by the First Amendment to Contract for Private Development dated May 30, 2006 (the "Development Agreement"); and WHEREAS, The Development Agreement provides in Section 11.7 that a precondition to Closing is for the City and Ryan, to enter into an agreement regarding intersection improvements and special assessments and options and rights of first refusal with regard to certain property; and WHEREAS, the City and Ryan desire to satisfy the precondition to Closing set forth in Section 11.7 of the Development Agreement; and WHEREAS, the City has reviewed the terms of a proposed agreement (the "Agreement") with Ryan, and has received the recommendation of City staff regarding the terms of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City of Richfield, Minnesota as follows: 1. The Agreement is approved in substantially the form presented. 2. The Mayor and City Manager are authorized to execute the Agreement on behalf of the Council and to take all actions and do all things that are reasonable necessary to the fulfillment of the City's obligations under the Agreement. Approved by the City Council of the Ctty of ;;:~ y Martin J. Kirscfi, ayor ATTEST: ~ Nancy Gibbs ity Clerk