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2006-11-21_Agenda
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2006-11-21_Agenda
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Housing Redevelopment Authority
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8 <br />(b)The Redeveloper has the power to enter into this Agreement and has duly <br />authorized the execution, delivery, and performance of this Agreement. <br />(c)Neither the execution and delivery of this Agreement, the consummation of the <br />transactions contemplated thereby, nor the fulfillment of the terms and conditions thereof <br />conflicts with or results in a breach of any of the terms or conditions of the Redeveloper’s <br />organizational documents or any agreement or instrument to which the Redeveloper is now a <br />party or by which it is bound, or constitutes a default under any of the foregoing. <br />(d)The Redeveloper or its permitted assigns will construct the Public Improvements, <br />Site Improvements and Minimum Improvements in accordance with the terms of this <br />Agreement, the Plan, any public improvement agreements between the City and the Redeveloper <br />and all local, state and federal laws and regulations. <br />(e)Based on current projections of Project Costs, the Redeveloper believes that the <br />financing arrangements which the Redeveloper has obtained or will obtain to finance <br />construction of the Minimum Improvements will be sufficient to enable the Redeveloper to <br />successfully complete the Project as contemplated in this Agreement. <br />(f)In the opinion of the Redeveloper, the construction of the Minimum <br />Improvements would not reasonably be expected to occur solely through private investment <br />within the reasonably foreseeable future without the assistance provided by the City pursuant to <br />this Agreement. <br />(g)Once acquired by the Redeveloper, no part of the Redevelopment Property shall <br />become exempt from the levy of ad valorem property taxes, or any statutorily authorized <br />alternative, and no improvements of any kind constructed on the Redevelopment Property shall <br />similarly become exempt until after the dissoluti on or other termination of the Tax Increment <br />District. <br />(h)The Redeveloper agrees, notwithstanding anything to the contrary in Article VII, <br />that it will not assign, convey or lease any interest in the Redevelopment Property or any portion <br />thereof, or this Agreement or any portion thereof, to any tax-exempt entity under the U.S. <br />Internal Revenue Code of 1986, as the same may be amended from time to time, without the <br />prior written approval of the City. <br />(i)The Redeveloper will comply with any applicable reporting or other requirements <br />of the Business Subsidy Act, Minnesota Statutes, Sec. 116J.993 et seq. <br />(j)At least ten percent (10%) of the housing units will be affordable to families at or <br />below 115% of area median income as announced annually by HUD. <br />(k)The Redeveloper is aware of the litigation brought by the Friends of Twin Lakes <br />and acknowledges that in the future additional legal challenges could be brought against the <br />Project or creation of the Tax Increment District or both. The Redeveloper acknowledges that <br />the City has made no representation of any kind as to the likelihood that the City will prevail in
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