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EDA Resolution 2016-002CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. EDA- 2016 -002 APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN MASTER'S FIFTH AVENUE, INC. AND LAXMI HOTEL, INC. BE IT RESOLVED by the Board of Commissioners ( "Board ") of the City of Monticello Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Monticello (the "HRA and Master's Fifth Avenue, Inc. (the "Assignor ") entered into a Contract for Private Development dated as of September 18, 2001, as amended (the "Contract "). 1.02. Pursuant to the Contract, the HRA agreed to reimburse Assignor for a portion of Assignor's costs of acquisition, demolition, and parking improvements on the Development Property through Available Tax Increment. 1.03. In 2007, the HRA and the Authority consolidated operations, and the Contract was assigned by the HRA to the Authority. 1.04. The Assignor completed construction of the required improvements on the Development Property and received a Certificate of Completion on June 19, 2003. 1.05. Assignor now wishes to assign its rights and obligations under the Contract to Laxmi Hotel, Inc. (the "Assignee "), and to assign the right to receive Available Tax Increment to Assignee, and Assignee wishes to assume such rights and obligations under the Contract and accept the assignment of the Available Tax Increment, and to that end the Assignor and Assignee have proposed to enter into an Assignment and Assumption Agreement (the "Assignment "). 1.06. The Board has reviewed the Assignment and finds that the approval and execution of the Authority's consent thereto are in the best interest of the City and its residents. Section 2. Authority Approval; Other Proceedings. 2.01. The Assignment, including the attached Consent of the Authority related thereto, as presented to the Board is hereby in all respects approved. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Consent attached to the Assignment and any other documents requiring execution by the Authority in order to carry out the transaction described in the Assignment. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. 477887v1 MN1 MN190 -95 C= OF MONT�CEILLO WRIGET COUNT Y9 9 MINNNESOTA ECONOMIC DEVEILOPFWENT AUTHORITY RESOILUTtIGN NO. EDA- 2016 -002 Approved by the Board of Commissioners of the City of Monticello Economic Development Authority this 13th day of April, 2016. President ATTEST: K 477887v1 MNI MN 190-95 2