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1.05. In order to clarify certain terms of the Subordinations to preserve the first <br />position of certain City and Authority rights under the Contract, the parties have <br />negotiated and propose to execute (i) an Amended and Restated Assignment and <br />Subordination of Development Agreement, and (ii) an Amended and Restated <br />Assignment and Subordination of Development Agreement and TIF Note (together, the <br />“Amended Subordinations”), in the form presented to the Authority. <br /> <br /> 1.06. The Board has reviewed the Amended Subordinations and finds that the <br />approval and execution of the Amended Subordinations are consistent with the provisions <br />of the Contract and are in the best interest of the City and its residents. <br /> <br /> Section 2. Authority Approval; Other Proceedings. <br /> <br /> 2.01. The Amended Subordinations as presented to the Authority are hereby in <br />all respects approved, subject to modifications that do not alter the substance of the <br />transaction and that are approved by the Chair and Executive Director, provided that <br />execution of the Amended Subordinations by such officials shall be conclusive evidence <br />of approval. <br /> <br /> 2.02. The Chair and Executive Director are hereby authorized to execute on <br />behalf of the Authority the Amended Subordinations and any other documents requiring <br />execution by the Authority in order to carry out the transaction described in the Amended <br />Subordinations. <br /> <br /> 2.03. Authority staff and consultants are authorized to take any actions <br />necessary to carry out the intent of this resolution. <br /> <br />Approved by the Board of Commissioners of the Housing and Redevelopment Authority <br />of St. Anthony Village, Minnesota this 24th day of November, 2020. <br /> <br /> <br /> <br />___________________________________ <br />Chair <br /> <br />ATTEST: <br /> <br /> <br />_______________________________ <br />Secretary <br /> <br /> <br /> <br /> <br /> <br /> <br />686762v1 MNI SA730-2