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04-16 HRA Resolution No. 1289 HRA RESOLUTION NO. 1289 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT WITH CHAMBERLAIN APARTMENTS, LLC WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "Authority") owns certain property (the "Authority Property") located or to be located within one or more certain tax increment financing districts within the Richfield Redevelopment Project(the "Project") in the City of Richfield, Minnesota (the "City"); and WHEREAS, the Authority and Chamberlain Apartments, LLC, a Delaware limited liability company (the "Developer"), entered into a Contract for Private Development (the "Original Agreement"), pursuant to which the Developer agreed to acquire the Authority Property and certain other parcels of property within the Project (collectively, the "Development Property") and construct a multifamily housing development with approximately 283 apartment units, substantially rehabilitate three 11-unit apartment buildings, and construct underground parking (the "Minimum Improvements"), and the Authority will reimburse the Developer for a portion of land acquisition costs and certain site improvements costs related thereto with tax increment generated from the Development Property; and WHEREAS, the Authority and the Developer propose to amend certain terms of the Original Agreement, including but not limited to the price of the property to be purchased, the closing date, and the acceptance by the Developer of certain restrictions on the Development Property; and WHEREAS, there has been presented before this Board of Commissioners of the Authority a First Amendment to Contract for Private Development (the "First Amendment to Agreement") proposed to be entered into between the Authority and the Developer, which sets forth the modifications to the Original Agreement; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows: 1. The First Amendment to Agreement is hereby in all respects authorized, approved, and confirmed, and the Chair and the Executive Directed are hereby authorized and directed to execute the First Amendment to Agreement for and on behalf of the Authority in substantially the form now on file with the Community Development Director but with such modifications as shall be deemed necessary, desirable, or appropriate, the execution thereof to constitute conclusive evidence of their approval of any and all modifications therein. 2. The Chair and the Executive Director are hereby authorized to execute and deliver to the Developer any and all documents deemed necessary to carry out the intentions of this resolution and the First Amendment to Agreement. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 16th day of April, 2018. 72:-/4 Mary B. upple, Chair ATTEST: En n- - Daniels, '= retary