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RES 12-09RESOLUTION 12- 09 • A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION FOR BUSINESS DEVELOPMENT INFRASTRUCTURE GRANT APPLICATION BE IT RESOLVED that the City of Elk River (Applicant) act as the legal sponsor for project(s) contained in the Business Development Infrastructure Application to be submitted on March 1, 2012 and that City Administrator and Director of Economic Development are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Elk River (Applicant). B E IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure matching funds, adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the Applicant may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that it will comply with all applicable laws and regulations as stated in all contract agreements. BE IT FURTHER RESOLVED that upon approval of its application by the state, the Applicant will commit $250,000 towards the local match requirement. BE IT FURTHER RESOLVED that the Applicant will repay the grant if milestones are not realized by the completion date identified in the Application. BE IT FURTHER RESOLVED the Applicant certifies that it will comply with all applicable laws, regulations, and rules of the Business Development Infrastructure Application. NOW, THEREFORE BE IT RESOLVED that the City Administrator and Director of Economic Development, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. Passed and adopted this 6th day of February 2012. ATTEST ~, Tina Allard, City Clerk 2. John Die ,Mayor •