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RES 21-37
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RES 21-37
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5/18/2021 9:33:18 AM
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5/18/2021 9:33:18 AM
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City Government
type
RES
date
5/17/2021
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2.02. The City hereby approves the Assistance Agreement substantially in accordance with <br />the terms set forth in the forms presented to the City Council, together with any related documents <br />necessary in connection therewith, including without limitation all documents, exhibits, certifications <br />or consents referenced in or attached to the Assistance Agreement, including without limitation the <br />tax increment revenue notes (collectively, the "Development Documents") and hereby authorizes city <br />staff and the Mayor and City Clerk to negotiate the final terms thereof and, in their discretion and at <br />such time as they may deem appropriate, to execute the Development Documents on behalf of the <br />City, and to carry out, on behalf of the City, the City's obligations thereunder when all conditions <br />precedent thereto have been satisfied. <br />2.03. The approval hereby given to the Development 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 legal <br />counsel to the City and by the officers authorized herein to execute said documents prior to their <br />execution; and said officers are hereby authorized to approve said changes on behalf of the City. The <br />execution of any instrument by the appropriate officers of the City herein authorized shall be <br />conclusive evidence of the approval of such document in accordance with the terms hereof. This <br />Resolution shall not constitute an offer and the Development Documents shall not be effective until <br />the date of execution thereof as provided herein. <br />2.04. In the event of absence or disability of the officers, any of the documents authorized <br />by this Resolution to be executed may be executed without further act or authorization of the City <br />Council by any duly designated acting official, or by such other officer or officers of the City Council <br />as, in the opinion of the City Attorney, may act in their behalf. Upon execution and delivery of the <br />Development Documents, the officers and employees of the City are hereby authorized and directed <br />to take or cause to be taken such actions as may be necessary on behalf of the City to implement the <br />Development Documents when all conditions precedent thereto have been satisfied. <br />2.05. The City Council hereby determines that the execution and performance of the <br />Development Documents will help realize the public purposes of state laws, including Minnesota <br />Statutes, Sections 469.124 through 469.133 and Sections 469.174 through 469.1794, the <br />Development Program, and the TIF Plan. <br />Approved by the City Council of the City of Elk River this 17th day of May, 2021. <br />4 yor <br />2 <br />
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