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24-03 EDADOCSOPEN\CH135\62\984068.v1-10/22/24 CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2024-03 DATE: October 28, 2024 RESOLUTION NO: 2024-03 MOTION BY: Kimber SECONDED BY: Schubert RESOLUTION APPROVING CERTAIN AGREEMENTS REGARDING REFINANCING OF THE LAKES AT CHANHASSEN TIF PROJECT BE IT RESOLVED by the Chanhassen Economic Development Authority as follows: WHEREAS, the Chanhassen Economic Development Authority (the “EDA”) entered into a Contract for Private Development (the “CPD”) with Lakes at Chanhassen, LLC (the “Developer”) dated April 6, 2021; and WHEREAS, pursuant to the CPD, the Developer agreed to construct a mixed income, senior multi-family residential project containing 110 units in return for financial assistance from the EDA in the form of a pay-as-you-go Tax Increment Revenue Note in the principal amount of $3,065,000 (the “Note”); and WHEREAS, following construction of the project and the Developer’s satisfaction of all conditions precedent specified in the CPD, the EDA issued the Note on March 15, 2023; and WHEREAS, in connection with the initial financing of the project, the Developer collaterally assigned the CPD and the Note to its lender, Bridgewater Bank; and WHEREAS, the Developer now proposes to refinance the project and, in connection therewith and in compliance with the terms and conditions of the CPD, has submitted certain documents to the EDA for approval, including the following: 1. Collateral Assignment of the TIF Documents; 2. Consent to Assignment and Certification as to Status of TIF Development Agreement; 3. Subordination Agreement – Regulatory Agreement Only; and 4. Estoppel Certificate – Tax Increment Financing (collectively, the “Refinancing Assignment Agreements”); and WHEREAS, the Refinancing Assignment Agreements have been reviewed by the EDA’s legal counsel and found to be in proper form and consistent with the CPD; and WHEREAS, the prior collateral assignment to Bridgewater Bank will be terminated at the time of execution of the Refinancing Assignment Agreements. Docusign Envelope ID: 9D76B3BB-E94D-4D15-AE9C-70914CD8906F DOCSOPEN\CH135\62\984068.v1-10/22/24 NOW, THEREFORE, be it resolved by the Chanhassen Economic Development Authority as follows: 1. The Refinancing Assignment Agreements are hereby approved and the EDA President and Executive Director are authorized and directed to sign or consent to such documents. 2. The Executive Director and EDA staff and consultants are also authorized to take any and all additional actions which may be reasonably required to carry out the intent of this Resolution. PASSED AND ADOPTED by the Chanhassen Economic Development Authority on this 28th Day of October 28, 2024. By: ___________________________ By: ___________________________ Elise Ryan, President Laurie Hokkanen, Executive Director Yes No Absent Ryan von Oven Kimber Schubert McDonald Docusign Envelope ID: 9D76B3BB-E94D-4D15-AE9C-70914CD8906F