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EDA Resolution No. 2025-04 (Amdt Prop Mgmt_Lease Agmt Civil Engineering Block 34)CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO.2025-04 RESOLUTION APPROVING A AMENDMENT DOCUMENTS TO PROPERTY MANAGEMENT AND LEASE AGREEMENT BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND CIVIL ENGINEERING SITE DESIGN, LLC BE IT RESOLVED by the Board of Commissioners of the City of Monticello Economic Development Authority (the "Authority") as follows: WHEREAS, the Authority owns certain property (the "Property") in the City of Monticello, Minnesota (the "City"); and WHEREAS, the Authority and Civil Engineering Site Design, LLC (the "Tenant") previously entered into a Property Management and Lease Agreement, dated June 27, 2024 (the "Original Lease") pertaining to the commercial building located on the Property at 118 East Broadway Street in the City of Monticello, Minnesota (the "City"); and WHEREAS, the term of the Original Lease has expired and the Authority and the Tenant wish to enter into a First Amendment to Property Management and Lease Agreement (the "First Amendment") which will extend the term of the Original Lease and an Escrow Agreement (the "Escrow Agreement") for the payment of property taxes; and WHEREAS, the Board of Commissioners of the Authority ("Board") has reviewed the First Amendment and Escrow Agreement and has determined that it is in the best interests of the Authority to approve and execute the First Amendment and Escrow Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Monticello Economic Development Authority as follows: 1.01. The Authority hereby approves the First Amendment and Escrow Agreement substantially in accordance with the terms set forth in the forms presented to the Board, together with any related documents necessary in connection therewith, and without limitation all documents, exhibits, certifications or consents referenced in or attached to the First Amendment and Escrow Agreement (collectively, the "Amendment Documents") and hereby authorizes the President and the Executive Director to negotiate the final terms thereof and, in their discretion and at such time as they may deem appropriate, to execute the Amendment Documents on behalf of the Authority, and to carry out, on behalf of the Authority, the Authority's obligations thereunder when all conditions precedent thereto have been satisfied. 1.02. 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 Authority 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 Authority. The execution of any instrument by the appropriate officers of the Authority 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 herein. 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 Board by any duly designated acting 4918-4815-6242.1 official, or by such other officer or officers of the Board as, in the opinion of the Authority Attorney, may act in their behalf. 1.03. Upon execution and delivery of the Amendment Documents, the officers and employees of the Authority are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Authority to implement the Amendment Documents. ATTEST: .ctor Adopted by City of Monticello Economic Development Authority on July 9, 2025: President 4918-4915-6242.1