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CITY OF ELK RIVER RESOLUTION NO 21-5 RESOLUTION APPROVING ASSIGNMENT AND ASSUMPTION OF TIF DEVELOPMENT ASSISTANCE AGREEMENT IN CONNECTION WITH JACKSON HILLS RESIDENTIAL SUITES; AUTHORIZING EXECUTION OF CONSENT TO SUCH ASSIGNMENT WHEREAS, the City of Elk River, Minnesota (the "City") executed and entered into that certain TIF Development Assistance Agreement, dated June 4, 2018 (the "Contract"), with Jackson Hills Residential Suites, LLC, a Minnesota limited liability company (the "Developer"), for the construction of an approximately 40-unit multifamily affordable rental housing development and all related amenities and improvements within the City (the "Facility"); and WHEREAS, pursuant to the Contract, the City will issue its Taxable Tax Increment Revenue Note (Jackson Hills Residential Suites, LLC Project) in the original principal amount of $463,297 (the "TIF Note"); and WHEREAS, pursuant to a Declaration of Restrictive Covenants, dated June 4, 2018 (the "Declaration"), between the City and the Developer, the Developer agreed to comply with certain occupancy restrictions for the Facility; and WHEREAS, the Developer desires to convey the Facility and assign its rights and obligations under the Contract, the Declaration, and the TIF Note to GCRE - Jackson Hills, LLC, a Delaware limited liability company ("New Owner"), pursuant to an Assignment and Assumption of TIF Assistance Development Agreement between the Developer and New Owner (the "TIF Assignment") and has requested that the City approve the form of the TIF Assignment and execute a consent to the TIF Assignment (the "Consent"); and WHEREAS, the forms of the TIF Assignment and Consent are on file with the City Administrator. NOW, THEREFORE, be it resolved by the City Council (the "Council") of the City of Elk River as follows: 1. The Council hereby approves transfer of the Facility to the New Owner and approves the TIF Assignment in substantially the form delivered to the City and on file with the City Administrator and all other documents referenced in or attached to such agreements (collectively, the "Assignment Documents") and the Mayor and the City Clerk are hereby authorized and directed to execute the Assignment Documents on behalf of the City and to carry out, on behalf of the City, the City's obligations thereunder. 2. City staff and officials are authorized to take all actions necessary to perform the City obligations under the Assignment Documents as a whole, including without limitation execution of any documents or certifications to which the City is a party referenced in or attached to the Assignment Documents.