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RES 19-05
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RES 19-05
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9/24/2019 2:42:12 PM
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City Government
type
EDR
date
9/16/2019
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Section 1. Business Subsidy. <br />1.01. The Loan constitutes a business subsidy within the meaning of Minnesota Statutes, <br />Section 116J.993 to 116J.995, as amended (the "Business Subsidy Act"), and the Loan Agreement <br />includes a "business subsidy agreement" as required under the Business Subsidy Act. <br />1.02. The City has adopted a Business Subsidy Policy (the "Subsidy Policy"), which sets <br />the general criteria for all types of subsidies granted by the EDA, all as required under the Business <br />Subsidy Act. <br />Section 2. Approval of Documents. <br />2.01. The Amended and Restated Loan Agreement as presented to the EDA, together with <br />all related documents necessary in connection therewith, including without limitation the following: <br />(i) an Amended and Restated Promissory Note from the Borrower evidencing the Loan, (ii) a <br />Mortgage and Assignment of Rents and Security Agreement and Fixture Financing Statement <br />providing the EDA with a second position lien on the Borrower's new facility; (iii) an Amended <br />and Restated Security Agreement providing a subordinate security interest in certain equipment of <br />the Entity Guarantor; (iv) an Amended and Restated Entity Guaranty from Distinctive Iron, LLC, <br />and (v) an Amended and Restated Personal Guaranty from Cynthia Mae Hemmer and Steven <br />Michael Hemmer, (all as defined in and described in the Amended and Restated Loan Agreement) <br />(collectively, the "Loan Documents") are hereby in all respects approved, in substantially the form <br />on file with the City's Economic Development Director; and the President and Executive Director <br />are hereby authorized and directed to execute the Amended and Restated Loan Agreement and any <br />Loan Documents to which it is a party on behalf of the EDA and to carry out, on behalf of the EDA, <br />the EDA's obligations thereunder. <br />2.02. The approval hereby given to the Loan Documents includes approval of such <br />additional details therein as may be necessary and appropriate and such modifications thereof, <br />deletions therefrom and additions thereto as may be necessary and appropriate and approved by <br />legal counsel to the EDA and by the President and Executive Director prior to executing said <br />documents; and said officers are hereby authorized to approve said changes on behalf of the EDA. <br />The execution of any instrument by the President and Executive Director shall be conclusive <br />evidence of the approval of such document in accordance with the terms hereof. In the event of <br />absence or disability of said officers, any of the documents authorized by this Resolution to be <br />executed may be executed without further act or authorization of the Board by any duly designated <br />acting official, or by such other officer or officers of the Board as, in the opinion of the City <br />Attorney, may act in their behalf. <br />611673v2EL185-30 <br />
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