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� <br />��.,�..5 <br />CITY OF ARDEN HILLS <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />RESOLUTION NO. 2008-037 <br />A RESOLUTION DES�GNATING THE RATE OF RETURN <br />FOR PURPOSES OF NEGOTIATION BETWEEN THE CITY AND RRLD <br />WHEREAS, the City of Arden Hills (the "City") and RRLD, LLC ("Developer") <br />have entered znto a Preliminary Development Agreement dated March 30, 2007, as <br />amezzded (the "PDA"), during the �erm af which t�e parties de�ermined to negotiate a <br />Master Development Ag-eement ("MDA") re�arding the redevelopment of the Twin <br />Cities Army Ammun�tion Plant site (defined as the Deve3opment Property in t�e PDA); <br />and <br />WHEREAS, pursuant to the PDA, the City agreed to evaluate the fnancial and <br />market feasibility of the redeveIopment of the Deve�op�nent Property proposec� by <br />Developer, and to analyze whetl�er Developer can demonstrate a need for public financial <br />assistance in ti�at effort; and <br />WHEREAS, to provide a�ide for conducting those evaluations, the City has <br />cietermined to specify a rnaximum internaI rate of retum ("IRR") that is com�nercial�y <br />reasonable for De�eIoper to seek in its role as developer of the Development Property, <br />taking into cansideration the timing, nature anc� scape af the redevelopment effort. <br />NOW, THEREFORE, BE IT RESOLVED by the C�ty Council of the City of <br />Arden Hil�s, Mir�nesota as follows: <br />l. The Ci#y directs staff �d consultants ta e�aluate Developer's pro formas <br />for development of the Developrr�ent Property using a 15% IRR as the maximurn <br />benchrrsar� for (a) detennining whether the Developer is projected to receive a <br />commercially reasonabie rate of return, and accordingly whethez- the redevelopment is <br />financially feasible; (b) determining the arnount of tax inczeznent or other public financial <br />assistance (if any) that is reasanably rey�ired in order to reach market feasibility; and (c} <br />determining a rate of return in excess of which the parties will negotiate terms to adjust <br />f nancia� assistance based on future perfor�ance {referred to as "look back"). <br />2. The IRR analysis described in this resolutioi3 relates only to the <br />Developer's raIe as developer of the �and, and not as developer of speeific improvements <br />on the land. The Ciiy intends to develop a separate standard for 1RR (or other measure} <br />for the developers of indivic�ual inapz-avexnents, which wil� also be incorporated in the <br />MDA. <br />