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10-10355rCITY OF RICHFIELD RESOLUTION NO. 10355 RESOLUTION APPROVING MINNESOTA INVESTMENT FUND LOAN AGREEMENT BETWEEN THE CITY AND COMLUX AMERICA, LLC WHEREAS, pursuant to a resolution adopted on November 9, 2009, the City Council (the "City Council") of the City of Richfield (the "City") approved the submission of an application for a grant from the Minnesota Investment Fund Program administered by the Minnesota Department of Employment and Economic Development ("DEED") and the execution of a grant agreement with the DEED; and WHEREAS, the City executed a Grant Agreement with DEED, dated March 1, 2010 (the "Grant Agreement") to obtain grant funds in the amount of $1,000,000 and loan such grant funds to the Comlux America, LLC (the "Developer"); and WHEREAS, the City Council has received and reviewed a Loan Agreement for Loan of Minnesota Investment Fund Grant (the "Loan Agreement"), between the City and the Developer, providing for the loan of the grant funds in the amount of $1,000,000 to the Developer (the "Loan"), which agreement includes a "business subsidy agreement" as defined in Minnesota Statutes, Section 166J.993 to 116J.995; and WHEREAS, on the date hereof, the City has conducted a duly noticed public hearing as required by Minnesota Statutes, Section 116J.994, subd. 5 on the proposed Loan to be made to the Developer pursuant to the Loan Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that: The Loan Agreement, and the business subsidy agreement contained therein, is approved. The Mayor and the City Manager are authorized and directed to sign the Loan Agreement and any other documents or certificates necessary to carry out the transactions described in the Grant Agreement and the Loan Agreement. 2. The Loan Agreement is approved in substantially the form on file in City Hall, subject to modifications that do not alter the substance of the transaction and are approved by the Mayor and the City Manager; provided that execution of the documents will be conclusive evidence of their approval. Approved by the City Council of the ~~~,~Id this 13th y of April, 2010. ~~ Debbie Goettel, Mayor ATTEST: ~ r, ~, i Nancy Gib ity Clerk