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EDA Resolution 2018-08CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2018-08 AUTHORIZING INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH PROPOSED BLOCK 52 TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED By the Board of Commissioners of the City of Monticello Economic Development Authority (the "Authority") as follows: Section 1. Background. 1.01. The Authority intends to establish a Tax Increment Financing District for a portion of the downtown area of the City of Monticello known as Block 52 (the "TIF District") within its Redevelopment Project No. 1 (the "Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the "TIF Act") and Sections 469.090 to 469.1082, as amended (the "EDA Act"). In connection with establishment of the TIF District, the Authority will approve a Tax Increment Financing Plan for the TIF District (the "TIF Plan"). 1.02. The Authority may incur certain costs related to the TIF District, which costs may be financed on a temporary basis from legally available Authority or City funds. 1.03. Under Section 469.178, Subdivision 7 of the TIF Act, the Authority is authorized to advance or loan money from any fund from which such advances may be legally made in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. 1.04. The Authority expects to finance up to $1,200,000 in costs related to land acquisition and site preparation activities, including without limitation environmental remediation, structural analysis, and demolition of substandard structures within the TIF District and Redevelopment Project (the "Qualified Costs") using Authority or City funds legally authorized for such purpose, and to reimburse such funds from tax increments from the TIF District when received. 1.05. The Authority has also determined that it may be necessary to finance up to $25,000 in administrative costs associated with the TIF District (the "Administrative Costs") using Authority or City funds legally authorized for such purpose, and to reimburse such funds from tax increments from the TIF District when received. 1.06. The Authority intends to designate such advances as an interfund loan in accordance with the terms of this resolution and the TIF Act. 521653v MNl MN 190-101 1 Section 2. Repayment of Interfund Loan. 2.01. The Authority hereby authorizes the advance of up to $1,200,000 in legally available Authority or City funds to pay the Qualified Costs, plus up to $25,000 to pay the Administrative Costs, for a total aggregate principal amount of $1,225,000, together with interest at the rate of 4% per annum (the "Interfund Loan"). Interest shall accrue on the principal amount of each advance from the date of such advance. The interest rate is no more than the greatest of the rate specified under Minnesota Statutes, Section 270C.40 and Section 549.09, both in effect for calendar year 2014, and will not be adjusted. 2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first Payment Date on which the Authority has Available Tax Increment (defined below), or on any other dates determined by the City Administrator, through the date of last receipt of tax increment from the TIF District. 2.03. Payments on the Interfund Loan will be made solely from Available Tax Increment, defined as tax increment from the TIF District received by the Authority from Wright County in the six-month period before any Payment Date. Payments shall be applied first to accrued interest, and then to unpaid principal. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on a parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.04. The principal sum and all accrued interest payable under this resolution is pre -payable in whole or in part at any time by the Authority without premium or penalty. 2.05. This resolution is evidence of an internal borrowing by the Authority in accordance with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority and the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment. The Authority shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.06. The Authority may at any time make a determination to forgive the outstanding principal amount and accrued interest on the Interfund Loan to the extent permissible under law. 2.07. The Authority may from time to time amend the terms of this Resolution 521653v MNIMN190-]01 2 to the extent permitted by law, including without limitation amendment to the payment schedule and the interest rate; provided that the interest rate may not be increased above the maximum specified in Section 469.178. subd. 7 of the TIF Act. Section 3. Effective Date. This resolution is effective upon approval. Adopted this 01 day of , 2018. President ATTEST: 521653v1 MNl MN 190-101 3