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LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY <br />RESOLUTION NO. 06-05 <br />RESOLUTION ACCEPTING METROPOLITAN COUNCIL GRANT AND <br />APPROVING LOAN TO LLAH LIMITED PARTNERSHIP <br />BE IT RESOLVED By the Board of Commissioners ("Board") of the Lino Lakes Economic <br />Development Authority ("Authority") as follows: <br />Section 1. Recitals. <br />1.01. The City of Lino Lakes (the "City") previously obtained a grant from the <br />Metropolitan Council (the "Met Council") in the amount of $225,000, pursuant to a Metropolitan <br />Livable Communities Act Grant Agreement dated December 16, 2004 (the "Grant Agreement"). <br />1.02. Pursuant to the Grant Agreement, the City is authorized to make proceeds of the <br />grant available to help finance a 60 -unit affordable rental housing facility (referred to as the <br />Lakewood Apartments"), as part of the Legacy at Woods Edge project. <br />1.03. The original Grant Agreement expires as of December 31, 2006, but the Met <br />Council has approved an Amendment and Extension of Metropolitan Livable Communities Act <br />Local Housing Incentives Account Grant Agreement (the "Extension"), which authorizes a one-year <br />extension for use of the grant funds. <br />1.04. The Grant Agreement, as extended, authorizes the City to use the grant funds to <br />make deferred loans, without interest, to carry out the purposes of the Grant Agreement. <br />1.05. The Authority currently administers Development District No. 1 (the "Project)" <br />pursuant to Minnesota Statutes, Sections 469.124 to 469.134 ("Development District Act"), within <br />which the Lakewood Apartments is to be constructed. <br />1.06. The City has determined to assign the grant proceeds to the Authority, with the <br />direction that the Authority loan the grant funds to LLAH Limited Partnership (the "Borrower") to <br />assist in development of the Lakewood Apartments, pursuant to a Promissory Note (the "Note"), <br />payable without interest on the later of the 30th anniversary of the date of the Note or the term of <br />Borrower's MHFA loan, or upon earlier default, and secured by a mortgage on the property on <br />which the Lakewood Apartments will be constructed (the "Mortgage"). <br />1.07. In connection with such loan, the Authority expects to enter into a master <br />subordination agreement (the "Master Subordination Agreement") and a master disbursing <br />agreement (the "Master Disbursing Agreement") among the Authority, the Borrower, the <br />Borrower's title company, and other lenders participating in financing of the Lakewood Apartments. <br />