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16-1241r HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD,MINNESOTA RESOLUTION NO. 1241 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT WITH MESABA CAPITAL DEVELOPMENT,LLC BE IT RESOLVED By the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority in and for the City of Richfield,Minnesota(the"Authority") as follows: WHEREAS, the Authority owns certain real property located within Tax Increment Financing District No. 2014-1 (City Garage Site)(the"Development Property"),which was created within the Richfield Redevelopment Project(the"Redevelopment Project")in the City of Richfield,Minnesota(the"City");and WHEREAS, Mesaba Capital Development, LLC, a Minnesota limited liability company (the "Developer"), has proposed to construct a multifamily housing development with 88 units designed for seniors, including approximately 60 assisted living units and 28 memory care units (the "Minimum Improvements"),on the Development Property;and WHEREAS, in order to promote the redevelopment of land that is underused and underutilized in the City, the Authority has agreed to convey the Development Property to the Developer for the purpose of constructing the Minimum Improvements thereon;and WHEREAS, the Authority and the Developer have previously entered into a Contract for Private Development, dated February 16, 2016 (the "Original Agreement"), in order to set forth the terms of the conveyance by the Authority of the Development Property to the Developer and the Developer's construction of the Minimum Improvements; and WHEREAS, there has been presented before this Board a First Amendment to Contract for Private Development(the"First Amendment")proposed to be entered into between the Authority and the Developer, which will amend and supplement the Original Agreement to modify certain provisions of the Original Agreement, including but not limited to the provisions with respect to the conveyance of the Development Property and the transfer by the Developer of the Development Property; and WHEREAS,the Board is satisfied that the terms thereof carry out the intentions of the parties and are necessary and appropriate. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Richfield,Minnesota that: 1. The proposed First Amendment is hereby approved in all respects. 2. The Chair and Executive Director are hereby authorized to execute and deliver the First Amendment in substantially the form on file with the Authority, with such additions, deletions, and other changes as are approved by the Chair and Executive Director. The Chair and Executive Director are further directed to take all steps and do all things necessary to effectuate the provisions of the First Amendment. 3. The Executive Director is authorized to extend the deadline for the closing on the property to be conveyed by the Authority to the Developer by three months if the Developer has completed the 489690v1 JAE RC125-347 following actions: (i)submitted all paperwork necessary to the City to obtain all required building permits for the Minimum Improvements; and (ii) obtained a commitment from a lender to provide financing for the Minimum Improvements. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 21st day of November,2016. • Mary B. upple, Cha' ATTEST: 0 al Doris Rubenstein, Secretary 489690v1 JAE RC125-347