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LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA <br />RESOLUTION NO. 16-05 <br />RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT AND AWARDING <br />THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR <br />THE ISSUANCE OF ITS TAX INCREMENT REVENUE NOTE, SERIES 2016; IN THE <br />MAXIMUM PRINCIPAL AMOUNT OF $1,200,000. <br />BE IT RESOLVED BY the Board of Commissioners ("Board") of the Lino Lakes Economic <br />Development Authority, Minnesota (the "Authority") as follows: <br />Section 1. Authorization; Award of Sale. <br />1.01. Authorization. The Authority has heretofore approved the establishment of Tax Increment <br />Financing (Economic Development) District No. 1-12 (the "TIF District") within Development District No. <br />1 ("Project"), and has adopted a tax increment financing plan for the purpose of fmancing certain <br />improvements within the Project. <br />Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its <br />bonds for the purpose of financing a portion of the public development costs of the Project. Such bonds are <br />payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the <br />bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that it issue <br />and sell its Tax Increment Revenue Note, Series 2016 (the "Note") in the maximum aggregate principal <br />amount of $1,200,000, for the purpose of financing certain public costs of the Project. <br />1.02. Business Subsidy. On the date hereof, the Board held a public hearing relating to the <br />Contract for Private Development (the "Agreement") between the Authority, United Properties <br />Development LLC (the "Owner"), and Distribution Alternatives, Inc. (the "Tenant"), incorporating a <br />business subsidy agreement and at the public hearing, the views of all interested parties were heard. <br />1.03. Agreement Approved; Issuance, Sale, and Terms of the Note. The Authority hereby <br />authorizes the President and Executive Director to execute such Agreement in substantially the form on file <br />with Authority, subject to modifications that do not alter the substance of the transaction and are approved <br />by such officials, provided that execution of the Agreement by such officials is conclusive evidence of their <br />approval. The Authority hereby delegates to the Executive Director the determination of the date on which <br />the Note is to be delivered, in accordance with Section 3.4 of the Agreement. Pursuant to the Agreement, <br />the Note shall be issued to the Owner. The Note shall be dated as of the date of delivery and shall not bear <br />any interest. The Authority shall receive in exchange for the delivery of the Note the payment by the Owner <br />of the Public Development Costs as defined in the Agreement. The Note will be delivered in accordance <br />with the terms of Section 3.3 of the Agreement. <br />Section 2. Form of Note. The Note shall be in substantially the form attached hereto as <br />EXHIBIT A, with the blanks to be properly filled in and the principal amount adjusted as of the date of <br />issue: <br />Section 3. Terms, Execution and Delivery. <br />3.01. Denomination, Payment. The Note shall be issued as a single typewritten note numbered <br />R-1. <br />483310v2 JAE LN140-116 <br />