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1995-051 o o o CITY OF HOPKINS Hennepin County, Minn sota RESOLUTION NO. 95-51 RESOLUTION RELATING TO WESTBROOKE CONDOMINIUM ASSOCIATION; DEVELOPMENT AGREEMENT; SUBORDINATION. BE IT RESOLVED by the City Council of the City of Hopkins, Minnesota (City): Section 1. Backaround: findinas. 1 .01. The City has entered into a development agreement between the City of Hopkins, Minnesota, and Westbrooke Condominium Association (Association), d/b/a Meadow Creek Condominiums, dated as of May 8, 1995 (Agreement) relating to the construction of certain housing improvements (Housing Improvements) on property owned by the Association. 1.02. Under Section 6.7 (f) of the Agreement, the City has agreed to subordinate its rights and interests in assets of the Association pursuant to the Agreement to assist the Association in obtaining short-term financing for the Housing Improvements subject to such reasonable terms and conditions agreed upon by the City and any short-term lender. 1.03. A form of inter-creditor and subordination agreement (Subordination Agreement) between the City, Association and Americana Bank has been presented to the Council and is on file with the City Clerk. 1.04. It is found and determined that the terms and conditions of the Subordination Agreement are satisfactory, consistent with the Agreement and in the best interests of the City. Sec. 2. Approvals: authorizations. 2.01. The form of the Subordination Agreement is approved. 2.02. The Mayor and City Manager are authorized and directed to execute and deliver the Subordination Agreement on behalf of the City. Adopted this 5th day of Julv , 1995. Charles D. Redepenning, M or