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convey the property to the buyer and not apply for additional subsidies,it would not be <br /> considered a business subsidy to the buyer if under$25,000. However the applicant has <br /> indicated that they intend to apply for additional public financing for this project within the - <br /> letter of intent which changes the scope of the project and is then subject to MN State <br /> Statutes regarding the business subsidy law. <br /> Ms. Othoudt indicated that we currently don't have a policy in place to address paying <br /> brokerage fees for buyers requesting to purchase land from the Economic Development <br /> Authority or the city. Ms. Othoudt indicated that this maybe something that the EDA <br /> Finance Committee should consider going forward. <br /> Ms. Othoudt discussed the comments provided by the EDA legal counsel. In addition to the <br /> business subsidy provision, legal counsel mentioned their concern about the "Non-shop" <br /> provision on the letter of intent. The Non Shop provision states it is binding and needs a <br /> clearly stated duration limit, such as "The provisions of this paragraph shall expire upon the <br /> earlier of(i) the date a Purchase Agreement is executed by the Buyer and the Seller or (ii) 60 <br /> days after the date the Seller signs this letter of intent." <br /> Discussion among members was had regarding the duration limit Member Ovall indicated <br /> that it should follow the 120 day due diligence period. All.meinbers agreed. <br /> Motion by Member Wagner to recommend the EDA to approve-the Letter of Intent <br /> by Robideau Properties for the purchase of a 4.34 acre parcel located at 17565 Tyler <br /> Street NW, Elk River to include the changes to the Non-Shop provision as suggested <br /> by legal counsel to read: The provisions of this paragraph shall expire upon the <br /> earlier of(i) the date a Purchase Agreement is executed by the Buyer and the Seller <br /> or (ii) 120 days after the date the Seller signs this-letter of intent. Motion was <br /> seconded by Member Motin. Motion carried 4-0. <br /> 5. 'Announcements <br /> Verbal update on Sweet Peas Microloan and Ethanol Technology of MN <br /> Ms. Othoudt updated members on the recent collection letters that were sent out to the <br /> applicant's home and place of business for each of the uncollectable'microloans. To date, <br /> staff has received no feedback and no payments. <br /> 6. Adjournment <br /> • <br /> There being no further business Member Tveite moved to adjourn the meeting. <br /> The meeting adjourned at 8:05 a.m. <br /> Minutes prepared by Amanda Othoudt. <br /> -4((' <br /> Tina Allard, City Clerk <br />