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RES 14-16EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA HELD: March 10, 2014 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 Otsego Prairie Center in said City on Monday, the 10th day of March, 2014, at 7:00 o'clock p.m. The following members were present: Stockamp, Heidner, Schroeder, Darkenwald, Warehime and the following were absent: None Member Heidner introduced the following resolution and moved its adoption: RESOLUTION 2014-16 RESOLUTION APPROVING PROPERTY TAX ABATEMENTS AND AUTHORIZING EXECUTION OF A TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT BE IT RESOLVED by the City Council (the "Council") of the City of Otsego, Minnesota (the "City"), as follows: 1. Recitals. (a) Duke Realty Limited Partnership (the "Developer") proposes to construct an approximately 300,000 square foot warehouse building in the City (the "Project"). The Developer has requested that the City provide financial assistance to the Developer for the Project. The City proposes to use the abatement for the purposes provided for in the Abatement Law (as hereinafter defined), including the Project. The proposed term of the abatement will be for up to 7 years in an amount not to exceed $340,000. The abatement will apply to 50% of the City's share of the property taxes (the "Abatement") derived from the property described as Lot 1, Block 1, Gateway North 6(the "Property"). (b) On the date hereof, the Council held a public hearing on the question of the Abatement, and said hearing was preceded by at least once more than ten days but not more than 30 days prior published notice thereof. (c) The Abatement is authorized under Minnesota Statutes, Sections 469.1812 through 469.1816, as amended (the "Abatement Law"). 5943876v1 2. Findings for the Abatement. The City Council hereby makes the following findings: (a) The Council expects the benefits to the City of the Abatement to at least equal or exceed the costs to the City thereof. (b) Granting the Abatement is in the public interest because it will significantly increase the tax base of the City and provide quality employment opportunities in the City. (c) The Property is not located in a tax increment financing district. (d) In any year, the total amount of property taxes abated by the City by this and other resolutions and agreements, if any, 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. 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 seven (7) years beginning with real estate taxes payable in 2016 and continuing through 2022, inclusive. (b) The City will abate and pay to the Developer 50% of the City's share of the property tax amount which the City receives from the Property, not to exceed $340,000. (c) The Abatement shall be subject to all the terms and limitations of the Abatement Law. 4. ADDroval of Tax Abatement and Business Subsidy Agreement. (a) The City Council hereby approves a Tax Abatement and Business Subsidy Agreement with the Developer providing for payment of the Abatement and the City's assistance for the Project in substantially the form submitted, and the Mayor and Clerk are hereby authorized and directed to execute the Tax Abatement and Business Subsidy Agreement on behalf of the City. (b) The approval hereby given to the Tax Abatement and Business Subsidy 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 Heidner and duly seconded by member Schroeder and, upon a vote being taken thereon after full discussion 2 5943876v1 thereof, the following voted in favor thereof: Heidner, Schroeder, Stockamp, Darkenwald, Warehime and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. Tami Loff, Clerk 5943876v1 cxamAm6*(Iuq� Je ica Stockamp, Mayor 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"), by reason of my office as Clerk, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to property tax abatements for the Gateway North Project. WITNESS my hand this 24th day of March, 2014. aUt`M��iwn- City Clerk 5943876v1