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82-03Rev. 3/10/82 3/18/82 HOUSING AND REDEVELOPMENT AUTHORITY OF CHANHASSEN, MINNESOTA Dated: March 18, 1982 Resolution No. 82-3 Motion by Commissioner Russell Seconded by Commissioner Bohn RESOLUTION APPROVING PLAN MODIFICATION NO. 5 BE IT RESOLVED, by the Housing and Redevelopment Authority, of the City of Chanhassen, Minnesota, as follows: SECTION 1. RECITALS. 1.01. The Chanhassen City Council and this Authority have approved a redevelopment project to be undertaken by the Authority, designated as the Chanhassen Downtown Redevelopment Project (the "Project"), and a Redevelopment Plan (the "Plan"), for the Project. 1.02. Minnesota Statutes, Section 462.525(Subd. 6) empowers this Authority to make minor changes in the Plan under certain limited circumstances which do not require approval by the governing body of the municipality within which the project is located. 1.03. Modification No. 5 labeled Rev.3/10/82 , has been presented to the Authority for its consideration and approval. 1.04. Modification No. 5, if adopted, would implement, pursuant to SS273.76, 462.445, Subd. 4(1), and 462.445, Subd. 4(16) of Minnesota Statutes, the program of expenditures in the area of Chanhassen Lakes Business Park as described in Table 4 ("Project Expenditures Short-Term Costs") of the "Amended Plan Draft February, 1980, Revised March 20, 1980" booklet which was approved as Modification No. 3 to the Plan on March 20, 1980. SECTION 2. FINDINGS AND APPROVAL. 2.01. The Authority hereby finds that ~he approval of Modification No. 5, a copy of which is attached hereto and made a part hereof as Exhibit A, would not have the effect of substantially altering or affecting the general land uses established in the Chanhassen Downtown Redevelopment Plan and Project. 2.02. The Authority hereby approves said Modification No. 5 to the Chanhassen Downtown Redevelopment Plan and Project. ~ev. 3/10/82 Rev. 3/18/82 2.03. The Authority hereby finds that the proposed redevelopment of the Chanhassen Redevelopment Project area, including redevelopment of the assessment reduction area, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore the adoption of the assessment reduction program described in Modification No. 5 is deemed necessary. 2.04. The Authority hereby'finds that the costs of implementing the assessment reduction program described in Modification No. 5 (a) are expenditures necessary to carry out the purpose of the Minnesota Municipal Housing and Redevelopment Act, (b) are expenditures necessary to prepare the assessment reduction program area for private redevelopment and improvement, and (c) are a proper part of the public redevelopment cost of the Chanhassen Downtown .Redevelopment Project. SECTION 3. IMPLEMENTATION OF MODIFICATION NO. 5. 3.01. Only the following lands' shall be eligible to participate in the assessment reduction program described in Modification No. 5: Chanhassen Lakes Business Park: Lots 1 to 11, Block 1 Lots 1 to 5, Block 2 Lots 1 & 2, Block 3 Lots 1 & 2., Block 4 Lots 1 to 6 and 8 to 11, Block 5 Park II:. Ail of Block 1 Ail of Block 2 Lot 2, Block 3 3.02. No assessment reduction payments shall be made in respect of any private improvements which are constructed by, or on behalf of, or for the occupancy of any person, corporation, or other entity which (a) has been displaced as the result of the acquisition by the Authority of said person's, said corporation's, or said entity's place of business and (b) has received from the Authority relocation benefits in excess of the fair market value of the acquired property and in excess of the value of any relocation benefits paid by the Authority pursuant to Chapter 117 of Minnesota Statutes. 3.03. All other terms and conditions of the assessment reduction program contemplated by Modification No. 5 shall be as set forth in the form of Assessment Agreement which is attached hereto and made a part hereof as Exhibit B and which is hereby approved. -2- O. Rev. 3/10/82 3/18/82 3.04. The Executive Director and Chairman of the Authority are not authorized to execute any such assessment agreement with any redeveloper or land owner unless specifically authorized to do so by further resolution of the Authority. 3.05. The above described assessment reduction program shall terminate o~ December 31, 1987, provided, however, that any assessment reduction payments, which are due and owing pursuant to any then outstanding assessment agreement, shall continue to be made pursuant to such assessment reduction agreement if the redeveloper shall have obtained a Certificate of Occupancy, pursuant to Section 4.2 of the approved form of Assessment Agreement, on or before December 31, 1987. The Authority reserves the right to extend the assessment reduction program for additional periods of time'beyond the December 31, 1987 expiration date. In no event, however, shall any assessment reduction payment be made after November 28, 2007. Passed and adopted this ~ day of Ir~A~ 1982, by the Housing and Redevelopment Authority of the City of Chanhassen, Minnesota .... Attest: Chairman Yes No Absent Horn None Whitehill Russell ~ullickson Rohn -3- EXHIBIT A To be supplied (a copy of Modification No. 5) EXHIBIT B To be supplied (a copy of standard form of assessment agreement)