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
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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:
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Tharesl Executive Director
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