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The Economic Development Authority for the <br />City of Elk River, Minnesota <br />Resolution 24-03 <br />A Resolution Approving Loan Agreement and Related Documents <br />(Heritage Millwork, Inc., Project) <br />WHEREAS, the Board of Commissioners (the "Board") of the Economic Development <br />Authority of the City of Elk River, Minnesota (the "EDA") has received a proposal from <br />Heritage Millwork, Inc., a Minnesota corporation, or an entity related thereto or affiliated <br />therewith (the `Borrower', that the EDA assist the Borrower with the acquisition, <br />construction and equipping of an approximately 110,000 square foot industrial warehouse <br />facility (the "Project' located on certain real property in the City of Elk River, Minnesota <br />(the "City") by providing a loan to the Borrower in the amount of $200,000 (the "Loan") <br />pursuant to the EDA's Microloan Program (the "Program"); and <br />WHEREAS, proceeds of the Loan will be used by the Borrower to provide gap financing <br />for equipment to be used at the Project; and <br />WHEREAS, the EDA has caused to be prepared a Loan Agreement (the "Loan <br />Agreement's with the Borrower setting forth, among other things, the terms and conditions <br />under which the EDA will make the loan, a copy of which is on file with the Executive <br />Director; and <br />WHEREAS, the Loan constitutes a business subsidy within the meaning of Minnesota <br />Statutes, Sections 116J.993 to 116J.995, as amended (the "Business Subsidy Act', and on <br />this date hereof the Board held a duly noticed public hearing on the Loan; and <br />WHEREAS, the Loan Agreement includes a business subsidy agreement whereby the <br />Borrower shall agree to meet certain job and wage goals in connection with the Loan as <br />required by the Business Subsidy Act. <br />NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the <br />Economic Development Authority of the City of Elk River as follows: <br />1.01. The EDA hereby approves the Loan Agreement substantially in accordance <br />with the terms set forth in the form presented to the Board including the provisions granting <br />a business subsidy to the Borrower, pending approval of the business subsidy by the City <br />Council of the City, together with all related documents necessary in connection therewith, <br />including without limitation, a promissory note from the Borrower evidencing the Loan, a <br />security agreement evidencing a third position security interest in certain equipment, and <br />personal guaranties from Patrick Menth, Joseph Menth, David Menth and Anna Pulde <br />INATUREI <br />Page 14 of 82 <br />