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494696v1 JSB AR200-17 1 <br />CITY OF ARDEN HILLS, MINNESOTA RESOLUTION #2017-007 <br />APPROVING AMENDMENTS TO MIF GRANT AGREEMENT, MIF LOAN AGREEMENT <br />AND ABATEMENT CONTRACT FOR LAND O’ LAKES PROJECT <br /> <br /> WHEREAS, the City of Arden Hills, Minnesota (the “City”) has heretofore entered into a Grant <br />Contract Number #CDAP-16-0008-H-FY16 (the “Grant Contract”) with the Minnesota Department of <br />Employment and Economic Development and an Agreement for Loan of Minnesota Investment Fund – <br />Forgivable Loan with Land O’Lakes, Inc. (the “Borrower”) dated April 12, 2016 (the “Loan <br />Agreement”); <br /> <br /> WHEREAS, the City, the Borrower and Ramsey County, Minnesota (the “County”) have <br />heretofore entered into an Abatement Contract for Private Redevelopment dated April 12, 2016 (the <br />“Abatement Agreement); <br /> <br /> WHEREAS, the Borrower has requested that the City amend the Grant Contract pursuant to an <br />Amendment No. 1 to CDAP-16-0008-H-FY16 (the “Grant Contract Amendment”), the Loan Agreement <br />pursuant to a First Amendment to Loan Agreement (the “Loan Agreement Amendment”) and the <br />Abatement Agreement pursuant to a First Amendment to Abatement Agreement (the “Abatement <br />Agreement Amendment” and, together with the Loan Agreement Amendment and the Grant Contract <br />Amendment, the “Amendments”), to among other things, clarify the number of pre-existing jobs at the <br />Borrower’s Arden Hills and Shoreview, Minnesota locations; <br /> <br /> NOW THEREFORE BE IT RESOLVED by the City Council (the “Council”) of the City of <br />Arden Hills, Minnesota as follows: <br /> <br />1. The Amendments as presented to the Council are hereby in all respects approved, in substantially the <br />forms submitted, together with any related documents necessary in connection therewith <br />(collectively, the “Amendment Documents”) and the Mayor and City Administrator (the <br />“Authorized Officers”) are hereby authorized and directed to execute the Amendment Documents <br />on behalf of the City and to carry out, on behalf of the City, the City’s obligations thereunder. <br /> <br />2. The approval hereby given to the Amendment Documents includes approval of such additional <br />details therein as may be necessary and appropriate and such modifications thereof, deletions <br />therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel <br />to the City and by the Authorized Officers to execute said documents prior to their execution; and <br />said Authorized Officers are hereby authorized to approve said changes on behalf of the City. The <br />execution of any instrument by the Authorized Officers shall be conclusive evidence of the approval <br />of such document in accordance with the terms hereof. In the event of absence or disability of the <br />officers, any of the documents authorized by this Resolution to be executed may be executed without <br />further act or authorization of the Council by any duly designated acting official, or by such other <br />officer or officers of the Council as, in the opinion of the City Attorney, may act in their behalf. <br /> <br />Approved by the Council on March 13, 2017. <br />_______________________________ <br /> David Grant, Mayor <br />ATTEST: <br /> <br />______________________________ <br />Julie Hanson, City Clerk