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06-9784r RESOLUTION NO. 9784 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,lnc ("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 June 26, 2006 (the "Development Agreement"); and WHEREAS, the City Council approved the instrument entitled Agreement ("Agreement") on June 13, 2006; and WHEREAS, the City and Ryan desire to amend the Agreement 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 amendment agreement (the "Agreement") with Ryan, and has received the recommendation of City staff regarding the terms of the amended 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 City of Richfield this 27th day of June 2006. ATTEST: ~~~ Nancy Gibb, Ity Clerk