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EDA Resolution 2015-012CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. EDA- 2015 -012 APPROVING A THIRD AMENDMENT OF A CONTRACT FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND MASTERS FIFTH AVENUE, INC. BE IT RESOLVED BY the Board of Commissioners ('Board ") of the City of Monticello Economic Development Authority, Monticello, Minnesota (the "Authority ") as follows: Section 1. Recitals. 1.01. The Authority currently administers Redevelopment Project No. 1 (the "Project "), pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act ") within an area located in the City, and administers Tax Increment Financing District No. 1 -35 (the "TIF District ") within the Project pursuant to Minnesota Statutes, Sections 469.174 to 469.1794: 1.02. The Authority and Masters Fifth Avenue, Inc. (the "Developer ") executed a certain Contract for Private Development, dated as of September 7, 2005, as amended by a First Amendment thereto dated as of June 7, 2006, and by a Second Amendment thereto dated as of December 18, 2007 (as so amended, the "Agreement "), whereunder the Authority pledged Available Tax Increment (as defined in the Contract) to pay or reimburse certain land acquisition costs incurred by the Developer in connection with the development of an approximately 11,000 square foot retail center, with associated parking, known as Landmark Square II (the "Minimum Improvements ") on certain property in the TIF District. 1.03. Due to delays in construction of the Minimum Improvements, the parties propose to execute a Third Amendment to the Agreement (the "Third Amendment ") to modify the construction commencement and completion dates for the Minimum Improvements. Section 2. Third Amendment Approved. 2.01. The Third Amendment as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. The President and Executive Director are hereby authorized to execute, on behalf of the Authority, the Third Amendment. Approved by the Board of Commissioners of the City of Monticello Economic Development Authority this 9th day of December, 2015. President ATTEST: () "-� &11-&� Exec iv ector 1