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EDA Resolution No. 2024-19 (Approving Blk 52 Dev Contract Amdmt)CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO.2024-19 RESOLUTION APPROVING A FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT CONTRACT FOR BLOCK 52 PROJECT WHEREAS, the City of Monticello Economic Development Authority (the "Authority") and the City of Monticello, Minnesota (the "City") have approved the establishment of its Tax Increment Financing (Redevelopment) District No. 1-45 (the "TIF District"), within the Central Monticello Redevelopment Project No. 1 ("Redevelopment Project") and have adopted a tax increment financing plan therefore for the purpose of financing certain public improvements within the Redevelopment Project; and WHEREAS, the Authority and the City have previously established Tax Increment Financing District Nos. 1-6, 1-20, 1-22 and 1-34 (the "Pooled TIF Districts") and adopted a tax increment financing plan therefor; and WHEREAS, on September 16, 2022, the Authority entered into a Purchase and Development Contract (the "Contract") whereby the Authority agreed to provide certain tax increment financing assistance and grant assistance to Block 52 Holdings LLC, a Minnesota limited liability company, Buchholz Exchange LLC, a Minnesota limited liability company, and Norgren Exchange LLC, a Minnesota limited liability company (together, the "Developer"), to assist in financing the a portion of the cost to of a mixed -use five -story building that will include approximately 87 rental housing units and 27,342 square feet of commercial retail and office space, with approximately 83 lower -level parking spaces and 114 adjacent off-street parking stalls in the City (the "Minimum Improvements"); and WHEREAS, the Developer has requested additional financial assistance for the Minimum Improvements; and WHEREAS, the Authority has agreed to provide additional assistance by increasing the amount of the grant from the Pooled TIF Districts to the amount of $417,400 (the "Authority Grant"); and WHEREAS, the Authority and the Developer desire to amend the Contract to reflect the increase to the amount of the Authority Grant as described in a First Amendment to the Purchase and Development Contract (the "Amendment"); and WHEREAS, the Authority believes that approval of the Amendment is in the best interest of the City and its residents. Now, therefore, be it resolved by the Board of Commissioners (the `Board") of the City of MN 190\159\979690.v1 Monticello Economic Development Authority as follows: 1. The Board hereby approves the Amendment in substantially the form presented to the Board, together with any related documents necessary in connection therewith (collectively, the "Amendment Documents"), and hereby authorizes the President and Executive Director to execute any such Amendment Documents to which the Authority is a party, on behalf of the Authority, and to carry out, on behalf of the Authority, the obligations of the Authority thereunder when all conditions precedent thereto have been satisfied. 2. The approval hereby given to the Amendment Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the Authority and by the officers authorized herein or by the Authority to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officers of the Authority shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of the officers, any of the documents authorized to be executed by this resolution may be executed without further act or authorization of the Board by any duly designated acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf. 3. Upon execution and delivery of the Amendment Documents, the officers and employees of the Authority are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Authority to implement the Amendment Documents, when all conditions precedent thereto have been satisfied. Approved by the Board of Commissioners of the City of Monticello Economic Development Authority this & day of 2024. President ATTEST: Director M N 190\ 159\979690.v 1