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RES 18-15CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2018-15 KADLER AVENUE BUSINESS DEVELOPMENT INFRASTRUCTURE APPLICATION WHEREAS, the City of Otsego act as the legal sponsor for project contained in the Business Development Infrastructure Application to be submitted on or around February 16, 2018 and that the Mayor and City Administrator are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Otsego; and WHEREAS, the City of Otsego 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; and WHEREAS, the City of Otsego has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and WHEREAS, that upon approval of its application by the state, the City of Otsego 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; and WHEREAS, that the non-BDPI sources of funds identified in the sources and uses outline in the application in the total amount of $1,077,825 are committed and adequate to fully fund the project identified in the application; and WHEREAS, that per MN statute 116J.431 Subd 7, the City of Otsego 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; and WHEREAS, the City of Otsego certifies that it will comply with all applicable laws, regulations, and rules of the Business Development Infrastructure Application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. That the Mayor and City Administrator, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project on behalf of the City of Otsego. ADOPTED by the Otsego City Council this 12th day of February, 2018. CITY OF OTSEGO Jessica Stockamp, Mayor Adam Flaherty, C' Administrator ATTEST I certify that the above resolution was adopted by the Otsego City Council on February 12, 2018. Tami Loff, City Clerk MOTION made by Council Member Heidner and SECONDED by Council Member Tanner. IN FAVOR: Stockamp, Heidner, Tanner, Warehime, Darkenwald OPPOSED: None 10