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RESOLUTION 04- 97 RESOLUTION APPROVING THE TERMS OF INTERNAL LOAN IN CONNECTION WITH DOWNTOWN PHASE I TAX INCREMENT FINANCING DISTRICT NO. 22 (SAC) BE IT RESOLVED by the City Council (the "Council") of the City of Elk River, Minnesota (the "City"), as follows: Section 1. Background. (a) The City has heretofore approved the establishment of Downtown Phase I Tax Increment Financing District No. 22 (the "TIF District") within its Municipal Development District No.1 (the "Development District"), and has adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District. (b) The City has determined to pay for certain costs (the "Qualified Costs") identified in the TIF Plan consisting of the costs of the sewer access charges ("SAC") for the Bluff Block Development and the Jackson Block Development, as defined in the Development Agreement, dated as of December 6, 2004, between the City and MetroPlains Development, LLC (the "Development Agreement"), which costs will be financed on a temporary basis from the City's Sewer Fund. (c) Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally made, in order to finance the Qualified Costs. (d) The City intends to reimburse itself for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 2. Terms ofInterfund Loan. (a) The City shall repay to the City fund from which the Qualified Costs are initially paid, the principal amount of approximately $175,880 together with interest at 4.00% per annum from the later of December 6,2004 or the date payment of the SAC is due from the Developer. (b) Principal and interest ("Payments") shall be paid semi-annually on each February 1 and August I commencing with the first February 1 or August 1 occurring after the date of issuance of a certificate of completion for the shell of the Bluff Block Development to and including the earlier of (a) the date the principal and accrued interest of the Interfund Loan is paid in full, or (b) the date of last receipt of tax increment from the TIF District ("Payment Dates") which Payments will be made in the amount and only to the extent of City Pledged Tax Increment as hereinafter defined. Payments shall be applied first to accrued interest, and then to unpaid principal. (c) Payments on this Interfund Loan are payable solely from "City Pledged Tax Increment," which shall mean, on each Payment Date, 4% of the actual Available Tax Increment $:\Resolutions\2004 Resolutions\Unapproved\EDA Dee 6\INTERFUND _LOAN_RESOLUTION _(SAC).DOC Page 1 of2