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City Council Resolution 2011-73CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2011-73 APPROVING THE PURCHASE AND REDEVELOPMENT CONTRACT BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND SUBURBAN MANUFACTURING INC. AND APPROVING THE BUSINESS SUBSIDY AGREEMENT AND CONVEYANCE OF LAND PROVISIONS CONTAINED THEREIN BE IT RESOLVED by the Board of Commissioners ("Board") of the City of Monticello Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. The Authority currently administers Central Monticello Redevelopment Project No. 1 (the "Project"); and on the date hereof recommends approval by the City of the creation of Tax Increment Financing District No. 1-39 (the "TIF District") within the Project, all pursuant to Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1799, as amended. 1.02. To facilitate redevelopment of certain property in the TIF District, the Authority proposes to enter into a Purchase and Redevelopment Contract (the "Contract") between the Authority and Suburban Manufacturing Inc. or a related entity (the "Redeveloper"), under which among other things the City will convey to the Authority, and the Authority will reconvey to Redeveloper, certain property described as Lot 1, Block 1, Otter Creek Crossing 4th Addition (the "Redevelopment Property") at a cost below market value. 1.03. The assistance under the Contract constitutes a "business subsidy" exceeding $150,000 within the meaning of Minnesota Statutes, Section 116J.993 to 116J.995 (the "Business Subsidy Act"). 1.04. The "business subsidy agreement" as required under the Business Subsidy Act is included as one section of the Contract, and the Authority has on this date conducted a duly noticed public hearing regarding both the sale of the Redevelopment Property to Redeveloper and the business subsidy agreement, at which all interested persons were given an opportunity to be heard. 1.05. On August 2, 2011, the planning commission of the City determined by resolution that conveyance of the Redevelopment Property by the City to the Authority for reconveyance to the Redeveloper complies with the City's comprehensive plan. 1.06. The Authority finds and determines that conveyance by the Authority of the Redevelopment Property to the Redeveloper is for a public purpose and is in the public interest because it will further the objectives of the Project. 390272v2 MNI MN190-139 Section 2. Contract Approved; Further Proceedings. 2.01. The Board approves the Contract as presented to the Board, including the business subsidy agreement and provisions for the conveyance of the Redevelopment Property therein, subject to approval by the City Council of the establishment of the TIF District and subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by those officials shall be conclusive evidence of their approval. 2.02. Authority staff and officials are authorized to take all actions necessary to perform the Authority's obligations under the Contract as a whole, including without limitation execution of any deed or other documents necessary to convey the Redevelopment Property to Redeveloper. APPROVED BY the Board of Commissioners of the City of Monticello Economic Development Authority this 14th day of September, 2011. eE A President ATTEST: 390272v2 MMI MN190-139 2 CERTIFICATION STATE OF MINNESOTA COUNTY OF WRIGHT I hereby certify that the foregoing is a true and correct copy of Resolution #2011-73, which was presented at the scheduled meeting on August 15, 2011, and duly passed, adopted and approved by the Monticello Economic Development Authority at their scheduled meeting on September 14, 2011, and recorded in minutes of said meetings. .. Notary Public: 16,40 ks� Date: 4 KERRY T. SURRI NOTARY PUBLIC - MINNESOTA ,,. My Omission Eon in 31. 2016 390272v2 MNI MN190-139 3