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RESOLUTION 09- <br />A RESOLUTION OF THE CITY OF ELK RIVER <br />A RESOLUTION OF RECEPTIVITY TO A DEPARTMENT OF <br />EMPLOYMENT AND ECONOMIC DEVELOPMENT SMALL CITIES <br />DEVELOPMENT PROGRAM AWARD <br />BE IT RESOLVED that the City of Elk River act as the legal sponsor for the project <br />contained in the application to be submitted, and that the Mayor and City Administrator of <br />the City of Elk River, Minnesota are hereby authorized to apply to the Department of <br />Employment and Economic Development for funding of this project on behalf of the Ciry <br />of Elk River. <br />BE IT FURTHER RESOLVED that the Ciry of Elk River and Duffy Development <br />Company will enter into a cooperative development and "pass through" grant agreement fox <br />the development of Elk River Station Apartments (the "Project"). <br />BE IT FURTHER RESOLVED that the Ciry of Elk River has the legal authority to apply <br />for financial assistance and the institutional, managerial, and financial capability to ensure <br />adequate construction, operation, maintenance, and replacement of the proposed Project for <br />its design life. <br />BE IT FURTHER RESOLVED that the City of Elk River has not violated any Federal, <br />State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of <br />interest, or other unlawful or corrupt practice. <br />BE IT FURTHER RESOLVED that upon approval of its application by the State of <br />Minnesota, the City of Elk River may enter into an agreement with the State of Minnesota <br />for the approved Project, and that the City of Elk River certifies that it will comply with all <br />applicable laws and regulations as stated in all contract agreements. <br />NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of the Ciry of Elk <br />River, Minnesota that the Mayor and City Administrator of the City of Elk <br />River, or their successors in office, are hereby authorized to execute such <br />agreements, and amendments thereto, as are necessary to implement the <br />Project on behalf of the City of Elk River. <br />Passed and adopted this 215` day of September 2009. <br />ATTEST: <br />Stephanie Klinzing, Mayor <br />Tina Allard, City Clerk <br />S:\EDA\HRA\HOUSING\Duffy Development 2009\Resolution for DEED.SCDP Award.doc <br />