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City Council Resolution 2024-74CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION 2024-74 RESOLUTION APPROVING A FORGIVABLE FACADE LOAN BY THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY TO J & L MURRAY PROPERTIES, LLC WHEREAS, the City Council (the "Council") of the City of Monticello (the "City") has received a proposal from J & L Murray Properties, LLC, a Minnesota limited liability company (the "Borrower"), that the City of Monticello Economic Development Authority (the "EDA") enter into a Loan Agreement (the "Loan Agreement" and, together with related documents, the "Loan Documents") in connection with a loan to the Borrower in the amount of $100,000 (the "Loan"), pursuant to the EDA's forgivable facade loan program (the "Program"), created to maintain the economic viability of the City and its Downtown/Central Community District by providing forgivable loans to improve the facades of existing commercial and retail buildings in the City's downtown to meet the goals set forth in the guidelines approved by the EDA for the Program (the "Guidelines"); and WHEREAS, pursuant to the Program, the Gudelines and the Loan Documents, the Borrower intends to use the Loan to pay a portion of the costs to replace the windows and doors, paint and stain the existing exterior brickwork and renovate three exterior sides of the building located on that certain real property at 155 West Broadway Street in the City; and WHEREAS, on August 14, 2024, the Board of Commissioners of the EDA (the "Board") approved the Loan and the Loan Documents, copies of which are on file with the City Clerk. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello as follows: Section 1. Business Subsidy. 1.01. The Loan constitutes a business subsidy within the meaning of Minnesota Statutes, Section 116J.993 to 116J.995, as amended (the "Business Subsidy Act"), and the Loan Agreement includes a "business subsidy agreement" as required under the Business Subsidy Act. 1.02. The City has adopted a Business Subsidy Policy (the "Subsidy Policy"), which sets the general criteria for all types of subsidies granted by the EDA, all as required under the Business Subsidy Act. 1.03. On August 14, 2024, the Board approved the Loan and the Loan Documents in accordance with the Business Subsidy Act. Section 2. Consent. 2.01 In accordance with Section 116J.994, Subd. 3(d) of the Business Subsidy Act, the City hereby approves the Loan Agreement including the business subsidy agreement provided therein and consents to the EDA entering into the Loan Documents with the Borrower. 2.02 The City hereby approves the Loan in accordance with the Loan Documents in substantially the forms on file with the City's Economic Development Director together such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the EDA and by the President and Executive Director of the EDA prior to executing said documents and said officers are hereby authorized to approve said changes on behalf of the EDA. The execution of any instrument by the President and Executive Director shall be conclusive evidence of the approval of such document in accordance with the terms hereof. Approved by the City Council of the City of Monticello this 26th day of August, 2024. Mayor ATTEST: MN325\40\969382.v 1