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5 <br />HOUSING AND REDEVELOPMENT AUTHORITY <br />OF THE CITY OF ST. ANTHONY <br />RESOLUTION NO. 07-011 <br />RESOLUTION RELATING TO A SIXTH AMENDMENT TO A <br />REDEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF SAINT <br />ANTHONY, MINNESOTA, THE HOUSING AND REDEVELOPMENT <br />AUTHORITY OF THE CITY OF SAINT ANTHONY, MINNESOTA, AND <br />APACHE REDEVELOPMENT, LLC (THE "DEVELOPER"), DATED <br />DECEMBER 19, 2003. <br />WHEREAS, the City of St. Anthony (the "City') and the St. Anthony Housing and <br />Redevelopment Authority (the "Authority") entered into the <br />referenced agreement regarding an area located in the northwest <br />portion of the City (the "Agreement"); and <br />WHEREAS, pursuant to the Agreement, the Developer agreed to develop a <br />development in multiple Phases or Elements, including the Phase IB <br />For Sale Housing Development or Element consisting of an initial 128 <br />units of for sale housing, subject to final plans to be approved by the <br />City; and <br />WHEREAS, under Section 10.1 of the Agreement, the Developer agreed to <br />commence construction of the Phase IB For Sale Housing <br />Development by July 1, 2006, and the Developer has failed to do so; <br />and <br />WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by <br />the Fifth Amendment to Redevelopment Agreement dated November <br />11, 2006 (the "Fifth Amendment")), the Developer agreed to <br />commence construction of the Phase IB -1 For Sale Housing <br />Development by September 1, 2007, and the Developer has failed to <br />do so; <br />WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by <br />the Fifth Amendment), the Developer agreed to commence <br />construction of the Phase IB -2 For Sale Housing Development by <br />September 1., 2008; and <br />