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EDA Resolution No. 2023-04 (Approving Contract for Architectural Services Between EDA and Rhet Architecture)EDA RESOLUTION NO.2023-04 RESOLUTION APPROVING A CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND RHET ARCHITECTURE BE IT RESOLVED BY the Board of Commissioners ("Board") of the City of Monticello Economic Development Authority (the "Authority") as follows: Section 1. Recitals. 1.01. The Authority recognizes the need to encourage investment in commercial and retail buildings in the downtown area of the City of Monticello, Minnesota (the "City") in order to maintain the economic viability of the City and its Downtown/Central Community District and as such, has established a program to provide forgivable loans to eligible properties in the City's downtown to improve the facades of existing commercial and retail buildings (the "Facade Program") and on November 9, 2022, the Authority adopted revised guidelines for the Facade Program (the "Guidelines"). 1.02. The Guidelines require that prior to granting a loan (a "Loan") under the Facade Program, the Authority must receive architectural renderings of the facade(s) in order to determine the final scope of work with the applicant and the applicant's contractor. 1.03. The Authority has received letters of interest from multiple applicants stating their desire to apply for a Loan or Loans to pay a portion of the costs of certain facade improvements including structural and aesthetic work (the "Improvements") at certain real property located at 149 and 155 West Broadway Street in the City (the "Property"). 1.04. To determine the scope of work of the Improvements and comply with the Guidelines, the Authority wishes to enter into a contract for limited architectural services with Rhet Architecture, a North Dakota corporation, a form of which is presented to the Board (the "Contract"). Section 2. Contract Approved. 2.01. The Authority hereby approves the Contract in substantially the form presented to the Board, together with any related documents necessary in connection therewith, including without limitation all documents, exhibits, certifications, or consents referenced in or attached to the Contract (the "Contract Documents"). 2.02. The Board hereby authorizes the President and Executive Director, in their discretion and at such time, if any, as they may deem appropriate, to execute the Contract Documents on behalf of the Authority, and to carry out, on behalf of the Authority, the 1 MN325\40\867108.v 1 Authority's obligations thereunder when all conditions precedent thereto have been satisfied. The Contract Documents shall be in substantially the form on file with the Authority and the approval hereby given to the Contract 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 Contract Documents shall not be effective until the date of execution thereof as provided herein. 2.03. 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 official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf. Upon execution and delivery of the Contract Documents, the officers and employees of the Board are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Board to implement the Contract Documents. 2.04. This resolution and the execution of the Contract Documents does not guarantee that a Loan will be granted for the Improvements. The Authority reserves the right to approve or reject Fagade Program applications on a case -by -case basis, taking into consideration factors considered appropriate by the Authority, in addition to established polices, criteria, and potential benefits. Meeting the criteria does not guarantee an application will be approved. Approval or denial of an application, including one for the Improvements, is at the sole discretion of the Authority. APPROVED this 12th day of April, 2023, by the Board of Commissioners of the City of Monticello Economic Development Authority. Ste e J n, ED residen ATTEST: I I--- �/. Tharesl Executive Director MN325\40\867108.v 1