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Jo • • • Council Member Stoltz introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06-132 RESOLUTION APPROVING AN ADDENDUM TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LINO LAKES AND YMCA OF GREATER SAINT PAUL BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. Under Minnesota Statutes, Sections 471.15 to 471.191 (the "Recreation Act "), the City is authorized to acquire, equip and maintain recreational facilities, and also to cooperate with a nonprofit organization in the operation of such a recreational program in any manner in which the parties mutually agree. 1.02. In furtherance of a cooperative program under the Recreation Act the City and the YMCA have entered into a certain Amended and Restated Development Agreement dated March 13, 2006 (the "Development Agreement "), which specifies the parties' responsibilities regarding the development and financing of a facility that includes a teen center, gym, indoor pool, cardiovascular /strength training area, aerobic studio, family program space and Kids Stuff (the "Facility ") on certain property defined in the Development Agreement as the "Site." 1.03. Pursuant to the Development Agreement, the City has conveyed the Site to the YMCA without cost to the YMCA, and has also issued its $3,500,000 City of Lino Lakes, Minnesota, Revenue Note (YMCA Project) Series 2006A and $500,000 City of Lino Lakes, Minnesota, Revenue Note (YMCA Project) Series 2006B (together, the "Revenue Notes "), and expects to issue its $2,460,000 General Obligation Abatement Bonds, Series 2006C (the "Abatement Bonds "), all to help finance the Facility. 1.04. The City has also received a grant of Community Development Block Grant funds (the "CDBG Grant ") from Anoka County in the amount of $150,000, the proceeds of which are intended to help finance a portion of certain development costs of the Facility. 1.05. The City and YMCA have determined a need to amend the Development Agreement in order to provide for use of the CDBG Block Grant as an offset against certain fees and charges payable in connection with the Facility. 1.06. The City has also determined that the CDBG Grant represents "federal assistance" within the meaning of Minnesota Statutes, Section 116J.993, subd. 3(19), and as such does not constitute an additional business subsidy to the YMCA for the purposes of Minnesota Statutes, Sections 116J.993 to 116J.993.