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RES 91-2 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 91-2 411 RESOLUTION RELATING TO APPROXIMATELY $2,750,000 CITY HALL AND LAW ENFORCEMENT FACILITY FINANCING, DETERMINING THE NECESSITY THEREFOR AND AUTHORIZING CERTAIN PROCEEDINGS THEREFOR BE IT RESOLVED by the Board of Commissioners (the Board) of the Economic Development Authority for the City of Elk River, Minnesota (the Authority) as follows: Section 1. Recitals . It is hereby found, determined and declared that: 1. 1) The present city hall/law enforcement facility leased and operated by the City of Elk River, Minnesota (the City) has been determined by the City to be inadequate and the City has found the construction of a new city hall/law enforcement facility (the Facility) necessary to meet the governmental purposes of the City. 1.2) The City proposes to acquire certain land (the Land) legally described in the Lease Purchase Agreement with the Authority in substantially the form attached hereto (the Lease) , upon which to construct the Facility, to convey the Land to the Authority for the sum of One Dollar, and to execute e111 the Lease. 1. 3) Pursuant to Minnesota Statutes, Section 469 . 103, subd. 1, an economic development authority may decide by resolution to issue its revenue bonds to provide money to purchase or construct facilities . 1.4) This Board has received a proposal from Springsted Incorporated, financial consultants to the Authority and the City, whereby the Authority will issue obligations the proceeds of which will be used to acquire, construct, and equip the Facility and to pay costs connected with the issuance of the obligations; the Authority will lease the Facility to the City (subject to the right of the City to terminate the Lease at the end of any fiscal year of the City) ; the Authority will pledge the lease payments to the payment of the principal of, interest on and premium, if any, on the obligations issued to construct the Facility, and the City will be granted an option to purchase the Facility for the sum of one dollar, upon payment in full of the obligations issued to finance the Facility. Section 2 . Authorization for Negotiation of Financing. All details of the financing and provisions for payment of any obligations issued in furtherance thereof shall be negotiated by representatives of the Authority, the City, Springsted Incorporated and Larkin, Hoffman, Daly & Lindgren, Ltd. , bond counsel, and shall be subject to the further approval of the attorney for the Authority and this Board. All officers, S employees and agents of the Authority are hereby authorized and directed to provide any preliminary information prudent for these purposes . The attorney for the Authority is authorized to assist in the preparation of such additional resolutions and other documents as may be appropriate and necessary to the financing. Section 3 . Authorization for Acquisition of Land and Execution of Lease Purchase Agreement. Subject to approval of the details of the financing of the Facility through the issuance of the Authority's obligations, the acquisition of the Land by the Authority from the City for the sum of One Dollar is hereby approved and the Lease Purchase Agreement in substantially the form attached hereto, with such changes and insertions as shall be approved by this Board concurrently with final approval of the terms of the financing of the Facility, is hereby approved. Adopted this 9th day of September, 1991. AA Presid- .t4,4ey A. goll Attest: ,`,,,, 4 a_ 214.6"4‘44),S 11111 - 2 - LAS:BS6a STATE OF MINNESOTA e COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Secretary of the Economic Development Authority for the City of Elk River, Minnesota, or an appropriate official of said Authority authorized to execute documents on behalf of said Secretary, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true, and complete transcript of the minutes of a meeting of the Board of Economic Development Authority for said Authority duly called and held on the date therein indicated, insofar as such minutes relate to the declaration of the intention of the Authority to 0 authorize negotiation of the details of financing of a city hall and law enforcement facility, to acquire the land therefor from the City of Elk River and to lease the land to the City of Elk River. WITNESS my hand and seal this 67 day of 14-- , 1991. [SEAL] cAL.eL.4 \- �c-sel.,e-er: ity Clerk le LAS:BS6a - 3 -