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City Council Resolution 2023-67CITY OF MONTICELLO WRIGHT COUNTY STATE OF MINNESOTA RESOLUTION NO. 2023-67 RESOLUTION APPROVING A FIRST AMENDMENT TO LEASE BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND CITY MONTICELLO PARKS DEPARTMENT BE IT RESOLVED BY the City Council ("Council") of the City of Monticello, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The City of Monticello Economic Development Authority (the "Authority") currently administers Central Monticello Development Project No. 1 (the "Project"), pursuant to Minnesota Statutes, Sections 469.090 to 469.1082, as amended. 1.02. To facilitate redevelopment within the Project, the Authority previously acquired certain property located at 349 West Broadway Street in Monticello, Minnesota (the "Property") and intends to hold the Property until such time as a favorable redevelopment prospect is presented to the Authority. 1.03. In order to maintain the Property and to prevent additional blighting conditions, the Authority and the Monticello Parks Department, a division of the City (the "Tenant"), entered into that certain Lease Agreement, dated as of December 10, 2018 (the "Lease"), providing the terms and conditions of the occupancy of the Property by the Tenant for use as a multi -purpose arts programming craft shop and related storage facility. 1.04. The Lease was extended pursuant to the terms thereof on May 12, 2021, and the parties now wish to further extend the Lease and have negotiated a First Amendment of Lease (the "Amendment") in the form presented to the Council, to extend the termination date to August 31, 2025, with further extensions allowed by mutual agreement of the parties. Section 2. Amendment Approved. 2.01. The Council hereby approves the Amendment in substantially the form on file with the City Administrator, together with any related documents necessary in connection therewith (collectively, the "Amendment Documents"), and hereby authorizes the Mayor and City Administrator, in their discretion and at such time, if any, as they may deem appropriate, to MN325\31 \887450.v 1 execute the same on behalf of the City, and to carry out, on behalf of the City, the City's obligations thereunder when all conditions precedent thereto have been satisfied. 2.02. The approval hereby given to the Amendment Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the City and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officers of the City herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the Amendment Documents shall not be effective until the date of execution thereof as provided therein. 2.03. In the event of absence or disability of the officers, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the Council by any duly designated acting official, or by such other officer or officers of the Council as, in the opinion of the City Attorney, may act in their behalf. Upon execution and delivery of the Amendment Documents, the officers and employees of the Council are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Council to implement the Amendment Documents. Approved this 24t" day of July, 2023, by the City Council of the City of Monticello, Minnesota. .e'1� t Mayor ATTEST: MN325\31\887450.v I