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EDA Resolution No. 2023-02 (Rescinding Option Agreement with Washburn)CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO.2023-02 RESCINDING AN OPTION AGREEMENT BY AND BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND THE WASHBURN COMPUTER GROUP, INC. BE IT RESOLVED by the Board of Commissioners (the "Board") of the City of Monticello Economic Development Authority (the "Authority") as follows: 1. Background. 1.01. On October 12, 2022, the Board approved a Purchase Agreement (the "Purchase Agreement") between the Authority and Powersports Services LLC, a Minnesota limited liability company ("Powersports"), and Platinum Technologies, LLC, a Minnesota limited liability company ("Platinum" and, with Powersports, the "Landowners"), pursuant to which, the Authority would acquire certain property (the "Property") located at 9699 Fallon Avenue in the city of Monticello, Minnesota from the Landowners for economic development purposes. 1.02. Pursuant to paragraph 8 of the Purchase Agreement, the date of closing on the Property was to be no later than November 30, 2022 ("Closing Date"). 1.03. The Purchase Agreement has not been executed by Powersports, Platinum or the Authority, the Closing Date has passed and the Purchase Agreement has expired without the Authority acquiring the Property. 1.04. The Authority and The Washburn Computer Group, Inc., a Minnesota corporation (the "Developer"), previously determined to enter into an Option Agreement (as revised, the "Option Agreement"), pursuant to which the Authority would grant the Developer the option acquire the Property from the Authority for a warehouse expansion project. 1.05. On October 12, 2022, the Board approved the Option Agreement. Thereafter, and prior to execution of the Option Agreement by either party, the Developer requested changed to the terms of the Option Agreement, which were subsequently reviewed and approved by the Board on November 9, 2022. 1.06. The Authority and the Developer no longer desire to proceed with the Option Agreement. The Option Agreement has not been executed by the Developer or the Authority. For the purposes of clarity, the Board now desires to rescind and revoke the Option Agreement. 2. Recission of Option Agreement. 2.01. The Authority rescinds and revokes the Option Agreement and the Option Agreement is hereby terminated and cancelled. 2.02. Authority officials and consultants are authorized to take any other actions necessary to carry out the intent of this resolution. Approved this 8th day of February, 2023, by the Board of Commissioners of the City of Monticello Economic Development Authority. Presi ent ATTEST: t4lv� ►irector MN325\48\854532.v2