Loading...
City Council Resolution 2022-114CITY OF MONTICELLO, MINNESOTA RESOLUTION NO. 2022-114 RESOLUTION APPROVING THE LOAN OF A MINNESOTA INVESTMENT FUND GRANT TO WILLI HAHN CORPORATION AND THE EXECUTION OF RELATED DOCUMENTS WHEREAS, Willi Hahn Corporation, a Minnesota corporation, or an affiliate thereof or an entity related thereto (the "Borrower"), plans to construct an approximately 156,800 square foot building to provide a facility for manufacturing (the "Facility") on certain property in the City of Monticello, Minnesota (the "City"); and WHEREAS, the Borrower has requested financial assistance to help purchase machinery and equipment needed for the construction of an expansion of the Facility (the "Project"); and WHEREAS, the City submitted application for a grant from the Minnesota Investment Fund Program administered by the Minnesota Department of Employment and Economic Development ("DEED"); and WHEREAS, on September 12, 2022, the City Council of the City (the "City Council") approved the execution of a Grant Agreement with DEED (the "Grant Agreement") to obtain grant funds in the amount of $220,000 and loan such grant funds to the Borrower for the Project; and WHEREAS, there has been presented before the City Council a Loan Agreement — Minnesota Investment Fund (the "Loan Agreement"), proposed to be entered into between the City and the Borrower, providing for the loan of the grant funds in the amount of $220,000 to the Borrower (the "Loan"), which constitutes a "business subsidy" exceeding $150,000 within the meaning of Minnesota Statutes, Section 116-1.993 to 116J.995, as amended (the "Business Subsidy Act"); and WHEREAS, a "business subsidy agreement" as required under the Business Subsidy Act is included as one section of the Loan Agreement, and on June 27, 2022, the City conducted a duly noticed public hearing regarding the Loan and the business subsidy agreement; and WHEREAS, it is proposed that the Loan be considered forgivable provided that the Borrower complies with certain requirements of the business subsidy agreement contained in the Loan Agreement and the Grant Contract Agreement; and WHEREAS, in the event the Borrower does not meet the job and wage goals set forth in the Loan Agreement, the Borrower will execute and deliver to the City a Promissory Note (the "Note") providing a security interest in certain equipment for the benefit of the City, and such additional documents if required and deemed necessary by the City Administrator or the Minnesota Department of Employment and Economic Development to provide additional security for the Loan, including but not limited to, one or more guaranties, a security agreement or a mortgage (the "Additional Security Documents"). NOW, THEREFORE, BE IT RESOLVED by the City Council (the "Council") of the City of Monticello, Minnesota, that: 1. The Borrower has represented that with assistance it will locate the Project in the City and create new jobs in the City in connection therewith. The City hereby finds, determines and declares that the Project is in the public interest because it will encourage the growth of commerce and industry, further the objectives of the Project, will facilitate the expansion of a business in the City, prevent the movement of current or future operations to locations outside Minnesota, result in increased employment in Minnesota and the City, and preserve or enhance the state and local tax base. 2. The Loan Agreement, including the business subsidy agreement provided therein are hereby in all respects approved, in substantially the forms prepared by DEED, together with any related documents necessary in connection therewith, (collectively, the "Loan Documents") and the Mayor and City Administrator are hereby authorized and directed to execute the Loan Documents on behalf of the City and to carry out, on behalf of the City, the City's obligations thereunder. The Mayor and City Administrator are hereby authorized and directed to execute any such Additional Security Documents as may be deemed necessary and appropriate and approved by legal counsel to the City and by the City Administrator. 3. The approval hereby given to the Loan Documents and the Additional Security 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 Mayor and City Administrator prior to executing said documents; and said officers are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the Mayor and City Administrator shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of said 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. 4 City staff and consultants are authorized to undertake all necessary steps to implement this resolution. Adopted by the City Council of the City of Monticello, Minnesota this 24th day of October, 2022. 0 --..0 ni 0 V411 ATTEST: C ty Cler MN 190\173\82531 l .v2 2