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HomeMy WebLinkAbout2006.07.05 RESO 2006-0035EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA HELD: July 5, 2006 Pursuant to due call and notice thereof, a meeting of the City Council of the City of Hugo, Washington County, Minnesota, was duly called and held at the City Hall in said City on Wedneday, the 5th day of July, 2006, at 7:00 o'clock p.m. The following members were present: Mike Granger, Chuck Haas, Becky Petryk, Frank Puleo, Fran Miron and the following were absent: NONE Member Chuck Haas introduced the following resolution and moved its adoption: RESOLUTION 2006-35 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO DEVELOPMENT AGREEMENT AND AN INDEMNIFICATION AGREEMENT A. WHEREAS, the City and Hugo Land Development, LLC (the "Developer") have entered into a Development Agreement, dated as of February 19, 2002 (the "Development Agreement") in connection with the construction of an approximately 93,000 square foot building with 12,000 square feet of office space and 80,000 of manufacturing space with an outdoor storage yard of approximately 72,000 square feet and 150 parking spaces for the facility which will be used to manufacture modular home components and modular homes for distribution in the Upper Midwest region located in the City (the "Project"). B. WHEREAS, the Developer has requested that the City modify the wage and job goals set forth in the Development Agreement in connection with the business subsidy granted therein by the City to the Developer pursuant to Minnesota Statutes, Sections II6J.993 to 116J.995. C. WHEREAS, the City and the Developer have consulted with the Minnesota Department of Employment and Economic Development and the City, on September 19, 2005, held a public hearing regarding amending the wage and job creation requirements under the Development Agreement; and D. WHEREAS, the City issued its Taxable Tax Increment Revenue Note (Hugo Land Development, LLC Project), Series 2002 (the "Note") to Carroll County State Bank, an Iowa corporation, (the "Lender") pursuant to the Development Agreement and the Lender has requested that the City continue making payments under the Note to the extent is it is legally authorized to do so; 1920763v1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hugo, Minnesota, as follows: 1. The City Council hereby approves the First Amendment to Development Agreement between the Developer and the City and the Indemnification Agreement between the Lender and the City in substantially the forms submitted, and the Mayor and City Clerk are hereby authorized and directed to execute the First Amendment to Development Agreement and the Indemnification Agreement on behalf of the City. 2. The approval hereby given to the First Amendment to Development Agreement and the Indemnification 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 such agreements. The execution of the First Amendment to Development Agreement and the Indemnification 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 member Becky Petryk and, after full discussion thereof, and upon a vote being taken thereof, the following voted in favor thereof: Mike Granger, Chuck Haas, Becky Petryk, Frank Puleo, Fran Miron and the following voted against same: NONE Adopted this 5th day of July, 2006. 1 Mayor Attest: l�.t City C 1920763vl 2 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF HUGO I, the undersigned, being the duly qualified and acting Clerk of the City of Hugo, 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 an Amendment to Development Agreement and an Indemnification Agreement. WITNESS my hand as such Clerk of the City Council of the City of Hugo, Minnesota this SZi day of July, 2006. 1920763x1 3 City Cl