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RES 16-05 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ELK RIVER COUNTY OF SHERBURNE STATE OF MINNESOTA RESOLUTION NO. 16-05 RESOLUTION APPROVING A FIRST AMENDMENT TO LOAN AGREEMENT AND RELATED DOCUMENTS (PATRIOT CONVERTING PROJECT) WHEREAS, the Board of Commissioners (the "Board") of the Economic Development Authority of the City of Elk River (the "EDA") previously approved a Loan Agreement (the "Loan Agreement") with Stilwell Holdings, LLC (the "Borrower") for the renovation and equipping of an existing building located on certain real property in the City of Elk River, Minnesota (the "City") by providing a loan to the Borrower in the amount of$200,000 (the "Loan") pursuant to the EDA's Microloan Program (the"Program"). WHEREAS, the EDA has received a request from the Borrower to amend the Loan Agreement to amend the equipment provided as security for the Loan. WHEREAS, the EDA has caused to be prepared a First Amendment to Loan Agreement (the "First Amendment to Loan Agreement") and First Amendment to Security Agreement (the "First Amendment to Security Agreement", and together with the First Amendment to Loan Agreement, the"Amendment Documents"), setting forth, among other things, equipment providing security for the Loan. NOW THEREFORE,BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority of the City of Elk River as follows: 1.01. The Amendment Documents as presented to the EDA, together with all related documents necessary in connection therewith (collectively, the "Loan Documents") are hereby in all respects approved, in substantially the form on file with the City's Economic Development Director; and the President and Executive Director are hereby authorized and directed to execute the Loan Agreement and any Loan Documents to which the EDA is a party on behalf of the EDA and to carry out,on behalf of the EDA,the EDA's obligations thereunder. 1.02. The approval hereby given to the Loan Documents 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 legal counsel to the EDA and by the President and Executive Director prior to executing said documents; and said officers are hereby authorized to approve said changes on behalf of the EDA. The execution of any instrument by the President and Executive Director shall be condusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of said officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the Board by any duly designated acting official, or by such other officer or officers of the Board as,in the opinion of the City Attorney,may act in their behalf. 4R7990v1 GAF El]R5-39 Approved by the Board of Commissioners of the Economic Development Authority of the pp Y p ty City of Elk River this 17th day of October,2016. President A1`1EST: ` ) Exe« ve Director 487990v1 GAF EL185-39