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RES 19-77EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA HELD: November 25, 2019 Pursuant to due call and notice thereof, a meeting of the City Council of the City of Otsego, Wright County, Minnesota, was duly called and held at the Prairie Center (8899 Nashua Avenue NE) in said City on November 25, 2019, at 7:00 o'clock p.m. The following members were present: Stockamp, Darkenwald, Goede, Tanner and the following were absent: None Member Darkenwald introduced the following resolution and moved its adoption: RESOLUTION 2019-77 APPROVING PROPERTY TAX ABATEMENTS AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH WRIGHT COUNTY, MINNESOTA BE IT RESOLVED by the City Council (the "Council") of the City of Otsego, Minnesota (the "City"), as follows: 1. Recitals. (a) In connection with the construction of a 44,000 square -foot grocery store with accessory motor fuel facility and an approximately 70 unit multi -family housing facility (the "Project") to be constructed Rice Companies, Inc. (the "Developer"), it is necessary that certain public improvements ("Public Improvements") be constructed by the City. (b) In order to finance the cost of the Public Improvements the City and Wright County, Minnesota (the "County"), have determined to utilize tax abatement financing as authorized by the Abatement Law (as hereinafter defined). (c) The City proposes to abate property taxes, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"), in order to assist in the financing of the Public Improvements. (d) It is proposed that the City and the County enter into a Tax Abatement Agreement (the "Agreement"), which provides for the use of tax abatements to assist in the financing of the Public Improvements. 121697641 (e) On October 28, 2019, the Council held a public hearing on the question of granting its tax abatements, and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof at which all interested persons appeared and were heard. (f) The City proposes to approve tax abatements on the City's portion of property taxes on the property, described in Exhibit A, attached hereto (the "Tax Abatement Property"), in an amount not to exceed $950,000 for a term of up to twenty (20) years to assist in the financing of a portion of the costs of the Public Improvements (the "Abatement"). (g) The Abatement is authorized under the Abatement Law. 2. Findings for the Abatement. The City Council hereby makes the following findings: (a) The Abatement is the City's share of taxes on the Tax Abatement Property. (b) The Council expects the benefits to the City of the Abatement to at least equal or exceed the costs to the City thereof. (c) Granting the Abatement is in the public interest because it will: (i) increase the tax base; (ii) provide employment opportunities in the City; and (iii) finance and provide for public infrastructure. (d) The Tax Abatement Property is not located in a tax increment financing district. (e) In any year, the total amount of property taxes abated by the City by this and other resolutions and agreements, does not exceed the greater of ten percent (10%) of the net tax capacity of the City for the taxes payable year to which the abatement applies or $200,000, whichever is greater. The City may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. 2 121697641 3. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to twenty (20) years beginning with real estate taxes payable in 2022 and continuing through 2041, inclusive and shall not exceed $950,000. (b) The City shall abate the Abatement as provided in this resolution. (c) The Abatement shall be subject to all the terms and limitations of the Abatement Law. 4. Approval of Agreement. (a) The City Council hereby approves the Agreement with the County providing for the reimbursement by the County from the County's tax abatements for a portion of the costs of the Public Improvements incurred by the City, in substantially the form submitted, and the Mayor and Administrator are hereby authorized and directed to execute the Agreement on behalf of the City. (b) The approval hereby given to the 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 the Agreement. The execution of the 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 the adoption of the foregoing resolution was made by member Darkenwald and duly seconded by member Goede and, upon a vote being taken thereon after full discussion thereof, the following voted in favor thereof. Stockamp, Darkenwald, Goede, Tanner and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 3 121697640 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) I, the undersigned, being the duly qualified and acting Clerk of the City of Otsego, Minnesota (the "City"), do hereby certify that attached hereto is a compared, true and correct copy of a resolution approving the abatement of property taxes by the City on behalf of Rice Companies, Inc., duly adopted by the City Council of the City on November 25, 2019, at a regular meeting thereof duly called and held, as on file and of record in my office, which resolution has not been amended, modified or rescinded since the date thereof, and is in full force and effect as of the date hereof, and that the attached Extract of Minutes as to the adoption of such resolution is a true and accurate account of the proceedings taken in passage thereof. WITNESS My hand this 25th day of November, 2019. M 12169764v1 t l City Clerk EXHIBIT A TAX ABATEMENT PROPERTY DESCRIPTION 118-500-221203; 118-257-000010, 118-257-000020; 118-257-001010; 118-257-001020; 118-500-221205; 118-500-221206 12169764v1