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1987-310 1 HRA RESOLUTION X1310 AUTHORIZING A CIVIL SUIT AND SITE CORRECTION AT THE RAE DRIVE TOMNHOME DEVELOPMENT MHEREAS, the Housing and Redevelopment Authority (HRA) in and for the City of Richfield, entered into a development agreement with George E. 9ranton Construction in January, 1986 to develop townhome units and a planned unit development common area; and MHEREAS, the HRA is prevented from releasing a Certificate of Completion for this development pending the completion of site improvements in a manner consistent with the development agreement; and MHEREAS, the HRA has a mortgage interest in the property and critical repairs have been identified which require immediate attention; and MHEREAS, the HRA has considered the need for critical repairs to minimize damage to persons and property, and, Jerry's Landscape has been identified to correct the grade and sod problems; and, MHEREAS, adequate and proper notice and time for corrections has been provided to George E. Branton Construction Company; and MHEREAS, litigation is needed to protect the HRA interest with respect to the protect and to recover .any losses as a result of contractor failure to complete the protect in accordance with the development agreement; and MHEREAS, general revenues are available to the HRA to initiate litigation and make critical repairs. NOM, THEREFORE BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield that: -The Executive Director is authorized, to prepare, file, serve, and prosecute a legal proceeding to protect the HRA interest and to recover any losses as a result of George E. Branton Construction Company failure to complete the protect in accordance with the development agreement. -The Executive Director is authorized to expend up to X1,200 to make critical repairs in the common area. Passed by the Housing and the City of Richfield, this 5th Redevelopment Authority in and for day November, 1987. ~` omas E. Harms, ha rperson ATTE~T: 1~sr~G ~ oa%n e m rger, ecr ary ~~ 71