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01-9067r 10 RESOLUTION NO. 9067 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT AMONG THE CITY, THE HOUSING AND REDEVELOPMENT AUTHORITY AND BEST BUY CO., INC. REGARDING THE PENN AVENUE BRIDGE REPLACEMENT PROJECT BE IT RESOLVED by the City Council of the City of Richfield, Minnesota (City) as follows: Section 1. Background: findinQs. 1.01. The reconstruction of the existing bridge over Interstate 494 at Penn Avenue South in the City (Improvement) is an essential element in the Richfield Redevelopment Project Area (Project Area) and the Interchange West and Lyndale Gateway Tax Increment Financing District (TIF District). 1.02. Best Buy Co., Inc. (Company) as owner of at least 35% in frontage of the property abutting on Penn Avenue where the Improvement will be made has petitioned the City to construct the Improvement in accordance with Minnesota Statutes, Chapter 429. The City has received the petition and has directed the City Engineer to prepare a feasibility report on the Improvement, and scheduled a public hearing on the Improvement for Monday, August 13, 2001. 1.03. In the petition Company has agreed that the entire cost of the Improvement be specially assessed (Special Assessments) against Company's real property abutting Penn Avenue South, subject to an undertaking by the Housing and Redevelopment Authority (HRA) to pay the Company in the amounts and at the time necessary to make timely payments of the Special Assessments. These undertakings are embodied in an agreement (Agreement) between Company, City and HRA, the form of which has been reviewed by this Council, executed by Company, and approved by the HRA. 1.04. It is found and determined that it is in the best financial interests of the City, the HRA, the Project Area and the TIF District that the City enter into the Ag reement. Sec. 2. Authorization. 2.01. The Mayor and City Manager are authorized and directed to execute and deliver the Agreement on behalf of the City. 2.02. The City Clerk is authorized and directed to transmit a certified copy of this Resolution to the HRA and the Company. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2001. }~ ATTEST: ~,lM;{L) Nancy Gibbs,. ity Clerk