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06-1004r HRA RESOLUTION NO.1 004 RESOLUTION APPROVING FIFTH AMENDMENT TO 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, the HRA approved the First Amendment to the Contract on or about June 30, 2006; and WHEREAS, the HRA approved the Second Amendment to the Contract on or about July 21,2006; and WHEREAS, the HRA approved the Third Amendment to the Contract on or about August 16, 2006; and WHEREAS, the HRA approved the Fourth Amendment to the Contract on or about October 25, 2006, and WHEREAS, events subsequent to the Fourth Amendment have occurred that require the amendments to the Contract for the project to move forward; and WHEREAS, the parties desire to address such matters through certain amendments to the Contract; and WHEREAS, the HRA has reviewed and is familiar with the proposed amendment to the Contract entitled: Fifth Amendment to Contract for Private Development ("Fifth Amendment"), 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 Fifth Amendment is hereby in all respects approved. 2. The Chair and Executive Director are directed to execute the Fifth Amendment in substantially the form presented, and to take all steps and do all things necessary to effectuate the provisions of the Fifth Amendment. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 13th day of November, 2006. 11/ ~ ATTEST: ~~~ Donna Drummond, Secretary