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CITY OF NEW BRIGHTON COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.1 4-055 A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE RESTATED AND AMENDED CONTRACT FOR PRIVATE REDEVELOPMENT WITH PULTE HOMES OF MINNESOTA LLC. BE lT RESOLVED by the City Council ("Council") of the City of New Brighton, ta ("City") as follows: Section 1. Recitals. 1.01. The City and Pulte Homes of Minnesota, LLC ("Pulte") entered into a Contract for Private Redevelopment with an effective date of June 11, 2013 ("Agreement"), pursuant to which Pulte agreed to purchase certain real property located in the City of New Brighton, Ramsey County, State of Minnesota, as further described in the Agreement. 1.02. On October 22,2013 the City and Pulte entered into a First Amendment to the Agreement to reinstate all of the terms, covenants, conditions and provisions of the Agreement and to amend the Agreement in order to extend Pulte's 120 day inspection period contained in Section 4.1 (d) the Agreement to allow the company 60 additional days to obtain such approval from the MPCA for the RAP. 1.03. As of December 10,2013 Pulte still had not received approval from the MPCA for its RAP and the company sent notice to the City terminating the Agreement. At the same time, Pulte pledged to continue working with the City on obtaining the necessary environmental approvals and proceed with the project some time in 2014. 1.04. On March 3,2014 Pulte received conditional approval from the Minnesota Pollution ControlAgency fortheir Response Action Plan, which allows Pulte to proceed with the project. Both the City and Pulte wish to enter into a Restated and Amended Contract for Private Redevelopment ("Restated Agreement") reinstate all of the business terms and conditions of the Agreement as previously amended, with some modification to the closing dates. L\RESOLUTIONS\2O14\Community Development\Pulte lst Amendment to Restated and Amended Redevelopment (Final).doc