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<br />. <br /> <br />RESOLUTION 85-85 <br /> <br />A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF A <br />REVENUE BOND PURSUANT TO CHAPTER 474, <br />MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED <br />TO SCHERER LIMITED PARTNERSHIP FOR <br />INDUSTRIAL DEVELOPMENT PROJECT <br /> <br />BE IT RESOLVED by the City Council of the City of Elk <br />River, Minnesota, as follows: <br /> <br />1. Authority. The City is, by the Constitution and <br />Laws of the State of Minnesota, including Chapter 474, Minnesota <br />Statutes, as amended (the "Act") authorized to issue and sell its <br />revenue bonds for the purpose of financing the cost of construc- <br />tion of authorized projects and to enter into contracts necessary <br />or convenient in the exercise of the powers granted by the Act <br />and to pledge revenues of the project and otherwise secure the <br />bonds. <br /> <br />.'. <br /> <br />2. Authorization of Bond. The City Council hereby <br />determines that it is necessary and expedient to authorize, and <br />the City Council does hereby authorize, the issuance of the <br />revenue bond of the City in the principal amount of One Million <br />Four Hundred Thousapd Dollars ($1,400,000) pursuant to the Act to <br />provide money to be loaned to Scherer Limited Partnership, a <br />Minnesota limited partnership (the "Partnership") to finance <br />costs of acquiring, constructing and equipping an approximately <br />40,000 square foot retail facility on Lots 5, 6 and 7, Block 2, <br />Elk River Plaza, in the City (the "Project Building"), to be <br />owned by the Partnership and leased to Pamida, Inc., a Delaware <br />corporation, together with necessary equipment (the "Project <br />Equipment") to be located permanently in and become a part of the <br />Project Building or the site thereof (the "Project Site") and <br />necessary site improvements (collectively the "Project" as more <br />fully defined in the Loan Agreement hereinafter mentioned). In <br />order to provide financing for the Project, the City shall issue <br />and sell its $1,400,000 City of Elk River Industrial Development <br />Revenue Bond (Scherer Limited Partnership Project) (the "Bond"). <br /> <br />3. Documents Presented. Forms of the following docu- <br />ments relating to the Bond and the Project have been submitted to <br />and examined by the City Council and are now on file in the <br />office of the City Clerk-Administrator: <br /> <br />. <br /> <br />(a) Loan and Purchase Agreement (the "Loan Agree- <br />ment"), dated as of December 1, 1985, by and among the City, <br />the Partnership and Security State Bank of St. Michael (the <br />"Bank") whereby, among other things, the City agrees to sell <br />and the Bank agrees to purchase the Bond, the City agrees to <br />make a loan to the Partnership of the proceeds of the sale <br />of the Bond and the Partnership covenants to complete the <br />