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RES 26-18.ver City of Elk River City Council Resolution 26-18 A Resolution of the City Council of the City of Elk River authorizing the application to the Greater Minnesota Business Development Public Infrastructure grant program and the commitment of funds thereto. BE IT RESOLVED, that the City of Elk River act as the legal sponsor for the project contained in the Business Development Public Infrastructure Application to be submitted on or before March 20, 2026, and that Mayor Dietz and the City Council 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. BE IT FURTHER RESOLVED, that the City of Elk River 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 City of Elk River 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 City of Elk River, may enter into an agreement with the State of Minnesota for the above - referenced project, and that it will comply with all applicable laws and regulations as stated in all contract agreements. BE IT FURTHER RESOLVED, that the non-BDPI source of funds identified in the sources and uses outline in the Application in the total amount of $150,000 are committed and adequate to fully fund the project identified in the Application. BE IT FURTHER RESOLVED, that the source of the Applicant's matching funds shall be the Economic Development Authority fund which has adequate funding to cover the commitment. BE IT FURTHER RESOLVED, that per MN statute 116J.431 Subd 7, the City of Elk River understands the grant may be cancelled if the project identified in the Application is not proceeding within 18 months of the execution of a grant agreement, or if not complete after five years of any grant award. BE IT FURTHER RESOLVED, that the City of Elk River acknowledges that allowing an ineligible business to locate in the area directly served by the funded infrastructure may trigger a default of the grant and cause repayment by the City of Elk River. BE IT FURTHER RESOLVED, that the City of Elk River certifies that itwill comply with all applicable laws, regulations, and rules of the Application. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River, Minnesota, as follows: that Mayor Dietz and the City Council, 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 16t' day of March 2026. J. ietz, yor w ATTEST: 4�7 Jolene Richter, Deputy City Clerk