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09-16 HRA Resolution No. 1340 HRA RESOLUTION NO. 1340 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT WITH NHH COMPANIES, 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 NHH Companies, LLC, a Minnesota limited liability company (“NHH”), entered into a Contract for Private Development (the “Original Agreement”) and the Authority approved an assignment of the Original Agreement to CPII Development LLC, a Minnesota limited liability company (the “Developer”) pursuant to an Assignment of Contract for Private Development, dated January 15, 2019; and WHEREAS , pursuant to the Original Agreement, the Developer agreed to acquire the Authority Property and certain other parcels of property within the Project (collectively, the “Development Property”) and construct a development which will include (i) multifamily housing with approximately 218 units; (ii) a parking ramp with approximately 188 spaces; and (iii) necessary public infrastructure, including streets and utilities (the “Minimum Improvements”), and the Authority will reimburse the Developer for a portion of land acquisition costs and certain site improvement costs related to the Minimum Improvements; and WHEREAS , the Authority and the Developer propose to amend certain terms of the Original Agreement, including but not limited to extending the closing date, commencement date for construction, and completion date for the Minimum Improvements; 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 Director 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 Executive 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. HRA Resolution No. 1340 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 September, 2019. c—a Mary B. Sipple, Chair ATST:/ Erin Vrieze Dan. s, Secretary 2 HRA Resolution No.1340