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EDA Resolution 2016-005CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 2016-005 RESOLUTION APPROVING A FIRST AMENDMENT OF A PURCHASE AND DEVELOPMENT CONTRACT BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND CLEAR CREEK LAND COMPANY, LLC BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the City of Monticello Economic Development Authority (the "Authority ") as follows: Section 1. Recitals. 1.01. The Authority currently administers Central Monticello Development Project No. 1 (the "Project "), pursuant to Minnesota Statutes, Sections 469.090 to 469.1082, as amended. 1.02. The Authority and Clear Creek Land Company, LLC (the "Developer ") executed a Purchase and Development Contract, dated as of May 11, 2016 (the "Contract "), providing, among other things, for the conveyance by the Authority to the Developer of certain property within the Project and legally described within the Contract (the "Development Property "). 1.03. The parties have negotiated and propose to execute a First Amendment to the Contract (the "First Amendment ") to extend the deadline for the conveyance of the Development Property. Section 2. First Amendment Approved. 2.01. The First 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 First Amendment by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the First Amendment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. 4807980 MNI MN325 -30 Approved by the Board of Commissioners of the City of Monticello Economic Development Authority this 8th day of June, 2016. President ATTEST: ve Director 480798v1 MNI MN325 -30