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• <br />• <br />CITY OF LINO LAKES <br />RESOLUTION NO. 05-141 <br />RESOLUTION APPROVING A FIRST AMENDMENT TO CONTRACT <br />FOR PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES <br />ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF LINO LAKES <br />AND LEGACY HOLDINGS /LINO LAKES, LLC <br />BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, <br />Minnesota ( "City ") as follows: <br />Section 1. Recitals. <br />1.01. The Lino Lakes Economic Development Authority ( "Authority ") administers <br />Development District No. 1 (the "Project)" pursuant to Minnesota Statutes, Sections <br />469.124 to 469.134 ( "Development District Act "). <br />1.02. The Authority, the City and Legacy Holdings /Lino Lakes, LLC (the <br />"Developer") entered into a into a Contract for Private Development dated December 20, <br />2004 (the "Contract "), setting forth the terms and conditions of redevelopment of certain <br />property within the Project, referred to generally as the Legacy at Woods Edge Project. <br />1.03. The parties have determined a need to amend the Contract in certain <br />respects, and in that regard the Council has reviewed a draft First Amendment to the <br />Contract and finds that the execution thereof and performance of the City's obligations <br />thereunder are in the best interest of the City and its residents. <br />Section 2. City Approval; Further Proceedings. <br />2.01. The First Amendment to the Contract as presented to the Council is hereby <br />in all respects approved, subject to modifications that do not alter the substance of the <br />transaction and that are approved by the Mayor and City Administrator, provided that <br />execution of the documents by such officials shall be conclusive evidence of approval. <br />2.02. The Mayor and City Administrator are hereby authorized to execute on <br />behalf of the City the Contract and any documents referenced therein requiring execution <br />by the City, and to carry out, on behalf of the City its obligations thereunder. <br />SJB- 267751v1 <br />LN 140 -80 <br />