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11-15 HRA Resolution No. 1412HRA Resolution No. 1412 1 HRA RESOLUTION NO. RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT WITH LYNK 65, LLC WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the “Authority”) has undertaken a program to promote redevelopment and development of land that is underused or underutilized within the City and in this connection the Authority administers a redevelopment project known as the Richfield Redevelopment Project (the “Redevelopment Project”) pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended; and WHEREAS, the Authority established Tax Increment Financing District No. 2020-3 (a redevelopment district) (the “TIF District”) within the Redevelopment Project pursuant to Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the “TIF Act”), in order to facilitate redevelopment of certain property in the Redevelopment Project; and WHEREAS, the Authority and Lynk 65, LLC, a Minnesota limited liability company (the “Developer”), entered into a Contract for Private Development, dated November 24, 2020 (the “Original Agreement”), pursuant to which the Developer agreed to acquire certain property within the TIF District and construct thereon approximately 157 units of housing, with ten (10) affordable two-bedroom units, and approximately 8,000 square feet of retail space (the “Minimum Improvements”), and the Authority agreed to reimburse the Developer for certain public redevelopment costs associated with the Minimum Improvements, as evidenced by a tax increment limited revenue note (the “TIF Note”); 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”) between the Authority and the Developer, which amends the Original Agreement to (i) extend the TIF District from seventeen (17) years to twenty (20) years, in order to capture sufficient available tax increment to finance the Minimum Improvements; (ii) change the interest rate on the TIF Note from 3.75% to 3.40%; (iii) change the commencement and completion dates for construction of the Minimum Improvements; and (iv) extend the period that certain affordability covenants are required from seventeen (17) years to twenty (20) years; 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 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 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. 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. HRA Resolution No. 1412 2 Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 15th day of November, 2021. Mary B. Supple, Chair ATTEST: Maria Regan Gonzalez, Secretary