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(e) The City makes no warranties or representations regarding the amount or availability <br /> of the Abatements. <br /> (f) In accordance with Section 469.1813, subdivision 8 of the Abatement Act, in no <br /> case shall the Abatement, together with all other abatements approved by the City under the <br /> Abatement Act and paid in any one year exceed the greater of 10%of the City's net tax capacity for <br /> that year or$200,000. <br /> 4. Approval of MIF. The City Council hereby accepts the MIF Grant in the amount <br /> awarded by DEED and, subject to approval by DEED of the City's application for the MIF Grant, <br /> hereby approves (i) entering into the Grant Agreement with DEED, (ii) entering into the MIF Loan <br /> Agreement with the Developer, and (iii) loaning the proceeds of the MIF Grant pursuant to the MIF <br /> Loan Agreement and any related documents referred to therein or necessary in connection <br /> therewith. <br /> 5. Execution of Documents. The City Council hereby approves (i) the Abatement <br /> Agreement, (ii) subject to approval by DEED of the City's application for the MIF Grant, the <br /> MIF Loan Agreement and the Grant Agreement, and (iii) any related documents referred to <br /> therein or necessary in connection therewith (collectively, the "Documents"). The Mayor and <br /> City Administrator are hereby authorized and directed to execute the Documents to which the <br /> City is a party, on behalf of the City, and to carry out, on behalf of the City, the City's <br /> obligations thereunder. In the event of absence or disability of such officers, any of the <br /> Documents authorized by this Resolution to be executed may be executed without further act or <br /> authorization of the Council by any duly designated acting official, or by such other officer or <br /> officers of the City as, in the opinion of the City Attorney, may act in their behalf. <br /> 6. Finalizing Documents. The approval hereby given to the Documents includes <br /> approval of such additional details therein as may be necessary and appropriate and such <br /> modifications thereof, deletions therefrom and additions thereto as may be necessary and <br /> appropriate and approved by legal counsel to the City and by the officers authorized herein to <br /> execute said Documents prior to their execution; and said officers are hereby authorized to <br /> approve said changes on behalf of the City. The execution of any instrument by the appropriate <br /> officers of the City herein authorized shall be conclusive evidence of the approval of such <br /> Document in accordance with the terms hereof. <br /> 7. Conflicting Provisions. In the event of a conflict between the content of this <br /> resolution and the Documents,the terms of the Documents shall prevail. <br /> 8. Effective Date. This resolution is effective upon execution in full of the Abatement <br /> Agreement. <br /> APPROVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS ON <br /> THIS 11TH DAY OF APRIL,2016. <br /> David Grant, Mayor <br /> AT ST: <br /> Amy Dietl, Ci Clerk <br />