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City Council Resolution 1995-42CITY OF MONTICELLO RESOLUTION NO. 95-42 RESOLUTION APPROVING CONTRACT FOR PRIVATE REDEVELOPMENT AMONG THE AUTHORITY, THE CITY AND PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. (PRESBYTERIAN HOMES HOUSING) AND SUBORDINATION AGREEMENT AMONG THE AUTHORITY, THE CITY AND THE BOND TRUSTEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello ( "Authority") is administering its Redevelopment Project No. 1 ("Project"); and WHEREAS, within the Project the Authority and the City have approved the creation of Tax Increment Financing District No. 1-19 (the "TIF District") in order to facilitate the development of a senior housing facility by Presbyterian Homes Housing and Assisted Living, Inc . ( "Presbyterian Homes Housing") ; and WHEREAS, Presbyterian Homes Housing expects that the facility will be financed in part through issuance by the City of Monticello of housing revenue bonds in the maximum principal amount of $3,500,000 (the "Bonds") ; and WHEREAS, the City has reviewed a Contract for Private Redevelopment among the Authority, the City and Presbyterian Homes Housing (the "Contract") specifying the respective obligations of parties regarding development within the TIF District; and WHEREAS, the City has reviewed a Subordination Agreement among the Authority, the City and the trustee for the Bonds, (the "Subordination Agreement") providing for subordination of certain of the Authority's and City's interests in the Contract to the trustee for the Bonds; and WHEREAS, the City Council has determined that it is in the best interests of the City to enter into the Contract and the Subordination Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello as follows: 1. The Contract and the Subordination Agreement are hereby approved in substantially the form presented to the City Council on this date, subject to modifications to those documents that do not materially alter the nature of the transaction, which are approved by the Mayor and City Administrator; provided that execution of the documents by such officials shall be conclusive evidence of such approval. 2. The proper City officials are authorized and directed to execute the Contract and Subordination Agreement on behalf of the City, and to carry out on behalf of the City the City's obligations thereunder. SJB89673 MN190-48 Resolution 95-42 Approved by the City Council of the the City of Monticello this 12th day of June, 1995. ATTEST: City Administofitor SJB89673 MN190-48