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LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY <br />RESOLUTION NO. 05-02 <br />RESOLUTION APPROVING A FIRST AMENDMENT TO CONTRACT FOR <br />PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES ECONOMIC <br />DEVELOPMENT AUTHORITY, THE CITY OF LINO LAKES AND LEGACY <br />HOLDINGS/LINO LAKES, LLC <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 Authority currently administers Development District No. 1 (the "Project)" <br />pursuant to Minnesota Statutes, Sections 469.124 to 469.134 ("Development District Act"). <br />1.02. The Authority, the City of Lino Lakes ("City") and Legacy Holdings/Lino Lakes, <br />LLC (the "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 property <br />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 respects, and in <br />that regard the Board has reviewed a draft First Amendment to the Contract and finds that the <br />execution thereof and performance of the Authority's obligations thereunder are in the best interest <br />of the City and its residents. <br />Section 2. Authority Approval; Further Proceedings. <br />2.01. The First Amendment to the Contract as presented to the Board is hereby in all <br />respects approved, subject to modifications that do not alter the substance of the transaction and that <br />are approved by the President and Executive Director, provided that execution of the documents by <br />such officials shall be conclusive evidence of approval. <br />2.02. The President and Executive Director are hereby authorized to execute on behalf of <br />the Authority the Contract and any documents referenced therein requiring execution by the <br />Authority, and to carry out, on behalf of the Authority its obligations thereunder. <br />SJB-267750v1 <br />LN 140-80 <br />