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Res 00-11H HRA RESOLUTION NO.t~O-I l RESOLUTION AUTHORIZING CERTAIN REVISIONS TO CONTRACT FOR PRIVATE REDEVELOPMENT WITH RAY MAR PROPERTIES, INC. WHEREAS, the HRA did on April 25, 2000 approve the form of a contract for private redevelopment between the HRA and Ray Mar Properties, Inc. (the "Contract"); and WHEREAS, subsequent to such approval it has become necessary to make certain modifications to the Contract; and WHEREAS, the Board has received the report and recommendations of its staff regarding such modifications, and determines the same to be necessary and appropriate and in furtherance of the proposed development. NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Mound, Minnesota as follows: 1. Section 8.2 of the Contract is modified by revising the second paragraph of said section to read as follows: "In addition to the foregoing, in order to facilitate the obtaining of construction or permanent financing of the Minimum Improvements, the HRA agrees to subordinate its rights under this agreement and the Mortgage to a mortgage given ~-~ ',,he pu.--pcr, c ~c ..... ~ ......~. u~ .............. ~, ..... financing, *--' to Crow River Ba~ in ~e principal mount of $1,088,~0.~." 2. Article XI is amended by adding thereto the following new Section 11.7: "Section 11.7. Lease. At Closing, and as a precondition thereto, the parties shall execute a mutually acceptable lease providing for the Redeveloper's continued occupancy of the Redeveloper Exchange Parcel pending completion and occupancy of the Minimum Improvements." 3. Exhibit C of the Contract is modified by revising paragraph 9 thereof to read as lbllows: "9. Use by Others. It is understood that the HRA shall have the right to make parking spaces in the Parking Lot available to other owners and tenants and to the general public. It is understood that all spaces shall be available on a first come-first served basis. It is further understood that the HRA may in its discretion place restrictions on parking such as, without limitation, time limits, times of day, and types of vehicle; provided, however, that the HRA agrees not to place restrictions on parking which unreasonably and materially interfere with the business of the Redeveloper or its tenants on the Redevelopment Property. It is further understood that the HRA may close the Parking Lot when such closure is, in the judgment of the HRA, necessary for lot repairs, maintenance, reconstruction or for civic celebrations." JBD-181586vl MU195-7 In all other respects, the Contract remains unmodified. The foregoing resolution was moved by board member board member The following board members voted in the affirmative The following board members voted in the negative and seconded by Dated: Attest: Pat Meisel, Chair Secretary JBD-181586vl MU195-7