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04-054 RESEXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA HELD: June 21, 2004 Pursuant to due call and notice thereof, a meeting of the City Council of the City of Elk River, Sherburne County, Minnesota, was duly called and held at the City Hall in said City on Monday, the 21st day of June, 2004, at 6:30 o'clock p.m. The following members were present: Mayor Klinzing, Councilmembers Motin, Kuester, Tveite, and Dietz and the following were absent: None Councilmember Tveite introduced the following resolution and moved its adoption: RESOLUTION 04-54 AUTHORIZING EXECUTION OF A TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT A. WHEREAS, Badger Ventures, LLC (the "Developer") has requested that the City of Elk River, Minnesota (the "City") assist with the financing of certain costs of an approximately 13,000 square foot light manufacturing facility, to be constructed by the Developer in the City (the "Project"). B. WHEREAS, the Developer and the City have determined to enter into a Tax Abatement and Business Subsidy Agreement providing for the City's assistance for the Project (the "Agreement"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. The City Council hereby approves the Agreement in substantially the form submitted, and the Mayor and Administrator are hereby authorized and directed to execute, on behalf of the City, the Agreement and the Subsidy Agreement attached as Exhibit A thereto. 2. The approval hereby given to the Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized by this resolution to execute the Agreement. The execution of the 04-54 Agreement by the appropriate officer or officers of the City shall be conclusive evidence of the approval of the Agreement in accordance with the terms hereof. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Motin and, after full discussion thereof, and upon a vote being taken thereof, the following voted in favor thereof: Mayor Klinzing, Councilmembers Tveite, Motin, Kuester, and Dietz and the following voted against same: None Adopted this 21 st day of June, 2004. Attest: Joa/~, City Clerk 2 04-54 STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of the City held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to a Resolution Authorizing Execution of a Tax Abatement and Business Subsidy Agreement. WITNESS my hand as such Clerk of the City Council of the City of Elk River, Minnesota this ~ day of June, 2004. Jo an,~ c,14.rni dr, City Clerk 3 04-54