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85-061 RES
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85-061 RES
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12/3/2007 2:39:09 PM
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City Government
type
RES
date
10/21/1985
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<br />. <br /> <br />.2. <br /> <br />RESOLUTION 85-61 <br /> <br />A RESOLUTION GRANTING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL <br />DEVELOPMENT PROJECT BY SCHERER LIMITED PARTNERSHIP <br />UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND <br />AUTHORIZING APPLICATION FOR BOND <br />ISSUANCE AUTHORITY THEREFOR <br /> <br />BE IT RESOLVED, by the City Council of the City of Elk River, Minnesota as follows: <br /> <br />1. <br /> <br />There has been presented to this Council a proposal by Scherer Limited Partner- <br />ship (the "Company"), that the City undertake and finance a project pursuant to <br />the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter <br />474 (the "Act"), generally consisting of the acquisition, construction and <br />equipping of an approximately 40,000 square foot retail facility on Lots 5, 6 and <br />7, Block 2, Elk River Plaza, in the City of Elk River to be owned by the Company <br />and leased to Pamida, Inc., a Delaware Corporation (the "Project"). Under the <br />proposal, the Company would enter into a revenue agreement with the City upon <br />such terms and conditions as are necessary to produce income and revenue <br />sufficient to pay when due the principal of the interest on up to approximately <br />$1,600,000 Industrial Development Revenue Bonds of the City to be issued pursuant <br />to the Act, to provide monies for the acquisition, construction and installation <br />of the Project; and the City would pledge its interest in the revenue agreement <br />to secure the Bonds. <br /> <br />The City hereby expresses its preliminary intention to issue bonds in the maximum <br />aggregate principal amount of up to approximately $1,600,000, to finance the <br />project. The City's preliminary intention does not constitute "preliminary <br />approval" that the City will undertake the Project pursuant to the Act; it acts <br />solely to authorize submission of an application to the Minnesota Department of <br />Energy and Economic Development as set forth in paragraph 3 hereof. Neither <br />preliminary nor final approval pursuant to the Act is hereby granted. The <br />preliminary intention herein stated is subject to compliance by the Company and <br />the Project with the City's "Resolution Setting Forth Criteria and Procedures <br />for the Issuance of Industrial Revenue Bonds," Resolution 79-5, dated April 16, <br />1979, and compliance by the Company and the Project with the City's ordinances <br />including without limitation approvals required pursuant to its Zoning Ordinance <br />and Subdivision Ordinances. <br /> <br />3. <br /> <br />The City Administrator and other City officials and the Company are authorized <br />and directed to prepare and submit an application to the Minnesota Department <br />of Energy and Economic Development for an allocation of $1,600,000 of bond <br />issuance authority for the Project pursuant to the Act. The Company shall pay <br />to the City the required application deposit of $16,000, representing one percent <br />of the requested allocation, and the City shall submit such $16,000 deposit <br />with the application to the Department. At such time as the deposit, or any part <br />thereof, is refunded to the City by the Department, the City shall remit the <br />amount so refunded to the Company. <br /> <br />4. Pursuant to the Act, this Council shall conduct a public hearing on the proposal <br />to undertake and finance the Project. The City Administrator, the Company and <br />. Faegre & Benson, as Bond Counsel, are hereby authorized and directed to prepare <br />
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