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06-1002r HRA RESOLUTION NO.1 002 RESOLUTION APPROVING ASSIGNMENT AND SUBORDINATION OF CONTRACT FOR PRIVATE DEVELOPMENT WHEREAS, the Housing and Redevelopment Authority ("the HRA") and Ryan Companies US, Inc. ("Ryan") did on or about July 27, 2005 enter into an agreement entitled, Contract for Private Development, (the "Contract"), calling for the redevelopment of an area of land (the "Property") lying within the City of Richfield; and WHEREAS, on May 24, 2005 the City Council approved property tax abatement of the City's portion of real estate taxes for 15 years for Cedar Point; and WHERAS, on July 17, 2006 the HRA approved the issuance of the Taxable Limited Revenue Note in the amount of $2,068,700, pursuant to the terms and subject to the conditions in the Contract; and WHEREAS, prior to M&I Bank disbursing of the Construction Loan to Ryan, M&I Bank is requesting the HRA, Ryan and M&I Bank enter into a Assignment and Subordination Agreement; and WHEREAS, the HRA has reviewed and is familiar with the proposed Agreement entitled: Assignment and Subordination of Contract for Private Development ("Assignment and Subordination Agreement"), and is satisfied that the terms thereof carry out the intentions of the parties, and are necessary and appropriate for the Development. NOW, THEREFORE, BE IT RESOLVED, by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows: 1. The proposed Assignment and Subordination Agreement in substantially the form presented is hereby in all respects approved. 2. The Executive Director and Board Chair are directed to take all steps and do all things necessary to effectuate the provisions of the Assignment and Subordination Agreement. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 25th day of October, 2006. ATTEST: -~ o~ c::o-~ Donna Drummond, Secretary