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EDA Resolution 2020-02CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2020-02 RESOLUTION APPROVING PURCHASE AND DEVELOPMENT CONTRACT BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND UMC REAL ESTATE, LLC, 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 the Central Monticello Redevelopment Project No. 1 (the "Project") within the City of Monticello (the "City"); and has heretofore approved the creation of Tax Increment Financing District No. 1-41 (the "TIF District") within the Project, all pursuant to Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1794, as amended. 1.02. To facilitate development of certain property in the TIF District, the Authority proposes to enter into a Purchase and Development Contract (the "Contract") between the Authority and UMC Real Estate, LLC (the "Developer"), under which among other things the Authority will convey to the Developer certain property described as Lot 2, Block 1, Monticello Commerce Center Sixth Addition, Wright County, Minnesota (the "Development Property") at a cost below market value. 1.03. The land write-down 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 Development Property to the Developer and the business subsidy agreement, at which all interested persons were given an opportunity to be heard. 1.05. On August 6, 2019, the Planning Commission of the City reviewed the proposed conveyance and found that it complies with the City's comprehensive plan. 1.06. The Authority finds and determines that conveyance by the Authority of the Development Property to the Developer is for a public purpose and is in the public interest because it will further the objectives of the Project, will facilitate the expansion of a successful business and the creation of new jobs in the City, and will increase the tax base. 633750v1MN190-160 Section 2. Contract containing Business Subsidy and Land Sale 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 Development Property therein, subject to approval by the City Council of the business subsidy 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 Development Property to the Developer. Approved by the Board of Commissioners of the City of Monticello Economic Development Authority this 26th day of February, 2020. President 633750v 1 MN 190-160 2