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09-17 HRA Resolution No. 1313 HRA RESOLUTION NO. 1313 RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT WITH CEDAR POINT INVESTMENTS LLC WITH RESPECT TO A TOWNHOMES DEVELOPMENT WHEREAS , the City of Richfield, Minnesota (the “City”) and the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the “Authority”) have approved the creation of Tax Increment Financing District No. 2018-1 (a housing district) (the “TIF District”) within the Richfield Redevelopment Project in the City (the “Redevelopment Project”) and have adopted a tax increment financing plan for the purpose of financing certain improvements within the Redevelopment Project; and WHEREAS , on August 20, 2018, the Board of Commissioners of the Authority (the “Board”) approved a Contract for Private Development (the “Development Agreement”) between the Authority and NHH Companies L.L.C., a Minnesota limited liability company (“NHH”), pursuant to which NHH agreed to acquire 15 parcels of property (the “Development Property”) located within the TIF District, including four properties owned by the Authority, which are legally described in EXHIBIT A attached hereto (the “Authority Property”), and construct on the Development Property a development which will include approximately 80 owner-occupied affordable townhomes and necessary public infrastructure, including streets and utilities (the “Minimum Improvements”), and the Authority agreed to reimburse NHH for a portion of land acquisition costs and certain site improvement costs related thereto with tax increment generated from the Development Property; and WHEREAS , following a duly noticed public hearing held on August 20, 2018, the Board also approved the sale of the Authority Property to NHH in accordance with Minnesota Statutes, Section 469.029, subdivision 2; and WHEREAS , NHH has assigned or will assign its interest in the Authority Property to Cedar Point Investments LLC, a Minnesota limited liability company (the “Developer”), and the Developer is now the “Developer” under the Development Agreement; and WHEREAS , following the approval of the Development Agreement, the Authority and the Developer have made substantive changes to the terms of the Development Agreement, and the Authority has determined to reconsider the Development Agreement in substantially the form now on file with the Board; 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 revised Development Agreement is hereby in all respects authorized, approved, and confirmed, and the Chair and the Executive Director are hereby authorized and directed to execute the Development 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 Board ratifies the approval of the assignment of the Development Agreement (and land that has already been conveyed to NHH) to the Developer. Error! Bookmark not defined. 3. 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 Development Agreement. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 17th day of September, 2018. l'//k.,--1, irs; y/A.." LI_ 7,, //,. ,v ._. Mary Supple;'Chair Erin Vri ze D r iels, Secretary 2 HRA Resolution No. 1313 EXHIBIT A LEGAL DESCRIPTION OF THE AUTHORITY PROPERTY Lots 3 and 6, Block 1, Iverson’s Second Addition, according to the recorded plat thereof, Hennepin County, Minnesota Lots 1 and 2, Block 2, Iverson’s Second Addition, according to the recorded plat thereof, Hennepin County, Minnesota A-1 536534v2 JAE RC125-366