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RES 11-01
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RES 11-01
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5/12/2011 3:28:12 PM
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City Government
type
RES
date
5/2/2011
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2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-annually on <br />each August 1 and February 1 (each a "Payment Date"); connnencing on the first Payment Date on which <br />the Authority has Available Tax lncrement (defined belo«~), or on any other dates determined by the City <br />Finance Director; through the date of last receipt of tax increment from the TIF' District. <br />2.03. Payments on this Interfund Loan are payable solely from "Available Tax Increment," <br />«-hick shall mean, on each Payment Date, tax increment available after other obligations have been paid, <br />or as determined by the City Finance Director, generated in the preceding six~(6) months with respect to <br />the property within the T1F District and remitted to the HRA by Sherburne County; all in accordance with <br />Minnesota Statutes, Sections 469.174 to 469.1799, all inclusive, as amended. Payments on this Interfund <br />Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in <br />part with Available Tax Increment, and are on parity with any other outstanding or future ilterfund loans <br />secured in whole or in part «-ith Available Tax 111crement. <br />2.04. The principal sum and all accrued interest payable under this Interfund Loan are pre- <br />payable in whole or in part at any time by the HRA without premium or penalty. No partial prepayment <br />shall affect the amount or timing of any other regular payment otherwise required to be made under this <br />Interfund Loan. <br />2.05. This Interfund Loan is evidence of an internal borrowing by the HRA in accordance with <br />Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available <br />Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest <br />hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political <br />subdivision thereof, including, without limitation, the HRA. Neither the State of Minnesota, nor any <br />political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or <br />• other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor <br />the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment <br />of the principal of or interest on this Interfund Loan or other costs incident hereto. The HRA shall have <br />no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may <br />remain unpaid after the final Payment Date. <br />2.06. The HRA may amend the terms of this Interfund Loan at any time by resolution of the <br />HRA Board, including a determination to forgive the outstanding principal amount and accrued interest to <br />the extent permissible under law. <br />Section 3. Effective Date. This resolution is effective upon the date of its approval. <br />Section 4. Approval of Loan for the Elk River Pizza Ranch Project. <br />4.01. Robert G. McDonald (as an individual or through an entity to be created, the "Borrower'') <br />has applied to the HRA for a loan in the principal amount of $90,000.00 to finance SAC <br />and WAC fees and a portion of the cost of land for additional parking (the "Loan") in <br />connection with substantial renovations to and equipping of the building located at 19141 <br />Freeport St NW, Elk River, Minnesota, which will be operated by the Borrower as Class I <br />restaurant of approximately 220 seats (the "Pizza Ranch Project"). <br />4.02. The HRA believes that the development of the Pizza Ranch Project subject to all of the <br />terms and conditions of a Loan Agreement to be entered into between the HRA and the <br />Borrower (the "Loan Agreement"), and fulfillment generally of the Loan Agreement, are <br />in the vital and best interests of the City and the health, safety, morals, and welfare of its <br />residents, and in accord with the public purposes and provisions of the applicable State <br />385619v2 JSB EL185-12 <br />
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