RES 15-03 - Laserfiche WebLink

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r s 1 County A Resolution of the City of Elk River Economic Development Authority, of of • . Approving Lt Agreement Related Documents (Distinctive Iron Project) WHEREAS, the Board of Commissioners (the "Board ") of the Economic Development Authority of the City of Elk River (the "EDA ") has received a proposal from Hemmer Companies L.L.C. (the `Borrower ") that the EDA assist in financing the Borrower's acquisition certain real property by providing a loan to the Borrower in the amount of $126,000 (the "Loan ") pursuant to the EDA's Microloan Program (the "Program "). WHEREAS, the EDA has caused to be prepared a Loan Agreement (the "Loan Agreement ") with the Borrower setting forth, among other things, the terms and conditions under which the EDA will make the loan, a copy of which is on file with the Executive Director. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of Elk River, Minnesota, as follows: 1.01. The Loan Agreement as presented to the EDA, together with all related documents necessary in connection therewith, including without limitation, a Promissory Note from the Borrower evidencing the Loan, a Mortgage in certain real property, a Security Agreement in certain equipment and entity guaranty from Distinctive Iron, LLC, and personal guaranties from Cynthia Mae Hemmer and Steven Michael Hemmer, (all as defined in and described in the Loan Agreement) (collectively, the "Loan Documents ") are hereby in all respects approved, in substantially the form submitted and the President and Executive Director are hereby authorized and directed to execute the Loan Agreement and any Loan Documents to which it is a party on behalf of the EDA and to carry out, on behalf of the EDA, the EDA's obligations thereunder. 1.02. The approval hereby given to the Loan Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the EDA and by the President and Executive Director prior to executing said documents; and said officers are hereby authorized to approve said changes on behalf of the EDA. The execution of any instrument by the President and Executive Director shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of said officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the Board by any duly designated acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf.