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City Council Resolution 2005-96CITY OF MONTICELLO RESOLUTION NO. 2005-96 RESOLUTION APPROVING A BUSINESS SUBSIDY AGREEMENT BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO AND ROCKY MOUNTAIN GROUP, LLC BE IT RESOLVED By the City Council ("Council") of the City of Monticello ("City") as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Monticello ("Authority") currently administers Central Monticello Redevelopment Project No. 1 (the "Project"); and the Authority and City have created Tax Increment Financing District No. 1-36 (the "TIF District") within the Project, all pursuant to Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to 469.179. 1.02. To facilitate redevelopment of certain property in the TIF District, and Authority proposes to enter into a Purchase and Redevelopment Contract (the "Contract") between the Authority and Rocky Mountain Group, LLC (the "Redeveloper"), under which among other things the Authority will convey certain property described as Lot 1, Block 1, Otter Creek Crossing 1 St Addition (the "Redevelopment Property") to Redeveloper. 1.03. The City currently owns the Redevelopment Property and has previously authorized the conveyance of that property to the Authority in order to promote the development of the Otter Creek Crossing industrial park. 1.04. The assistance under the Contract constitutes a "business subsidy" exceeding $100,000 within the meaning of Minnesota Statutes, Section 116J.993 to 116J.995 (the "Business Subsidy Act"). 1.05. The "business subsidy agreement" as required under the Business Subsidy Act is included as one section of the Contract, and the Authority has duly noticed a public hearing regarding the business subsidy agreement, currently scheduled for August 29, 2005. 1.06. Under the Business Subsidy Act this Council is required to approve any business subsidy agreement. 1.07. The Council finds that the execution of the Contract, including the business subsidy agreement, by the Authority and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval: Further Proceedin;?s. 2.01. The Council approves the business subsidy agreement within the Contract as presented to the Council, subject to approval of the Contract by the Authority after public hearing, SJB-2665' 1 MN 190-121 and subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by the those officials shall be conclusive evidence of their approval. 2.02. City staff and officials -are authorized to take all actions necessary to assist the Authority in performing its obligations under the business subsidy agreement and the Contract as a whole, including without limitation execution of any deed or other documents necessary to convey the Redevelopment Property from the City to Authority and from Authority to Redeveloper. Approved by the City Council of the City of Monticello this 22nd day of August, 2005. ATTEST: City Administrator SJB-175495v1 2 SA285-50