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06-983r HRA RESOLUTION NO. 983 RESOLUTION APPROVING AMENDMENT OF WAIVER AGREEMENT WITH RYAN COMPANIES US, INC. FOR CEDAR POINT COMMONS 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 June 26, 2006 (the "Development Agreement"); and WHEREAS, the HRA and Ryan desire to satisfy the contingencies set forth in the Development Agreement; and WHEREAS, the HRA approved the Waiver Agreement (the "Waiver Agreement") on June 26' 2006; and WHEREAS, the HRA has reviewed the terms of the proposed amendments to the Waiver Agreement with Ryan, and has received the recommendation of HRA staff regarding the terms of the proposed amendments to the Waiver Agreement. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows: 1. The amendments to the Waiver Agreement are approved in substantially the form presented. 2. The Executive Director and Board Chair are authorized to execute the amended Agreement on behalf of the HRA and to take all actions and do all things that are reasonable necessary to the fulfillment of the HRA's obligations under the amended Waiver Agreement. Approved by the Housing and Redevelopment Authority in and for the City of Richfield this 30th day of June 2006. ATTEST: ~~~ v Donna Drummond, Secretary