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021825 Resolution 1497 Penn Station Second AmendmentHOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA RESOLUTION NO. 1497 RESOLUTION APPROVING A SECOND AMENDMENT TO PRELIMINARY REDEVELOPMENT AGREEMENT WITH PENN STATION APARTMENTS LLLP WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "Authority") was created pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended, and was authorized to transact business and exercise its powers by a resolution of the City Council of the City of Richfield, Minnesota (the "City"); and WHEREAS, the "Authority" owns the real property located at 6501 and 6525 Penn Avenue South in the City of Richfield, Minnesota (the "City"); and WHEREAS, JO Companies, LLC, a Minnesota limited liability company, or one of its wholly owned affiliates (collectively, the "Redeveloper"), proposed to purchase the real property located at 6501 Penn Avenue South and 6525 Penn Avenue South (collectively, the "Redevelopment Property") and construct thereon a multifamily housing project consisting of approximately 40 affordable housing units and approximately 34 underground and 14 surface parking spaces (the "Project"); and WHEREAS, on June 17, 2024, the Board of Commissioners of the Authority (the "Board") approved a Preliminary Redevelopment Agreement (the "Preliminary Agreement") between the Authority and the Redeveloper, which sets forth the Redeveloper's intentions and the conditions under which the Redeveloper will undertake the Project; and WHEREAS, on July 9, 2024, the Board approved an Amendment to the Preliminary Development Agreement (the "Amended Agreement") between the Authority and the Redeveloper, which provided an updated valuation of the Redevelopment Property of $1,500,000 and sets a total amount of financial assistance at no more than $1,485,000; and WHEREAS, the Redeveloper has created an affiliate, Penn Station Apartments LLLP, a limited liability limited partnership, for the development and is requesting that the Second Amendment to the Preliminary Agreement (the "Second Amendment") be between the Authority and Penn Station Apartments LLLP; and WHEREAS, in order to obtain all necessary land use approvals and approval of a Contract for Private Redevelopment with the Authority, the Redeveloper is requesting an extension of the Amended Agreement deadline for six months to August 31, 2025; and WHEREAS, as a condition of federal HOME funds that the Redeveloper has been awarded, a Part 58 Environmental Review process is required, and language stating that the agreement is subject to completion of the review and a determination of desirability of the property for the project is required to be included in the Second Amendment; and WHEREAS, the Board has reviewed the requests and finds that the Second Amendment terms are in the best interest of the City and its residents; 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: The Contract is hereby amended. 2. The Chair and Executive Director are hereby authorized to execute and deliver any and all documents deemed necessary to carry out the intentions of this resolution and the Contract. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 18th day of February, 2025. Sean Hayford O eary, Secr taDy RC125-399 (JAE) 955888v4 2 Erin llrie anie •, Chair F