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98-25'4 CITY OF OTSEGO WRIGHT COUNTY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE CITY OF OTSEGO TO MAKE AN ANNUAL TAX LEVY ON BEHALF OF ITS ECONOMIC DEVELOPMENT AUTHORITY Resolution No. 98-25 WHEREAS, Apex Business Center, LLC (hereafter "Developer") has undertaken development of an office/warehouse building which will add taxable market value to the City's tax base; and WHEREAS, the Development property is legally described as follows: Lot 2, Block 1, Otsego Industrial Park, as shown on the plat and survey thereof, on file and of record in the Office of the Wright County Recorder, Wright County, Minnesota. WHEREAS, the development property is located in a subdivision, previously platted and known as OTSEGO INDUSTRIAL PARK; and WHEREAS, Developer has approached the City requesting economic development assistance for the development project located on the Development Property within the City of Otsego; and WHEREAS, because of the absence of City sewer and water to the Development property, Developer will incur expenses that it might not otherwise incur in another location; and WHEREAS, the City has resolved to provide, as more fully described herein, financial assistance to the above -referenced project; and WHEREAS, the City has previously created an Economic Development Authority (EDA), the purpose of which is to encourage and promote economic development within the City of Otsego; and WHEREAS, Minnesota Statutes §469.90 through §469.1081, the Economic Development Authority Act, allows the EDA to exercise all the powers granted to cities under the Development District Act, Minnesota Statutes §469.124 through §469.134, including adoption of Development Programs; and WHEREAS, The EDA has adopted a Development Program for Development District #1, the boundaries -of which include the above-described Development Property; and WHEREAS, the City may levy taxes on behalf of the EDA as provided in Minnesota Statutes §469.107. NOWTHEREFORE BE IT RESOLVED by the Otsego City Council as follows: 1. City's Contribution. Beginning in 2000, the City will annually levy on behalf of the EDA a sum of money not to exceed thirty percent (30%) of the City's estimated share of property taxes to be collected from the Development Property above-described, subject to the limitations contained in Minnesota Statutes §469.107 and other applicable law. Said levies shall continue until a sum equal to 3.75% of the office/warehouse building's assessment year 1999 market value has been levied on behalf of the EDA. Levy proceeds shall be released to the EDA in November of each year, after all property taxes have been and received by the City. 2. EDA to Provide Assistance to Developgr. Upon proof of payment of taxes, the EDA will reimburse Developer for costs incurred incident to constructing the above-mentioned office/warehouse building on the development property. The annual payment to Developer shall be paid from, and shall not exceed, the City's levy contribution described in section one (1) above and no interest shall be paid by the City or EDA in addition to the financial assistance provided for in this resolution. 3. Assistance Conditioned Upon Development A egr ement. Receipt by Developer of the financial assistance described above is conditioned upon, and shall be subject to, an Agreement made between Developer, the City and the EDA. The terms of this resolution shall be incorporated into the Agreement, as well as any provisions as may be recommended by the City Attorney. The City Council shall review and approve the Agreement referenced herein before any taxes will be levied by the City on behalf of the EDA. ATTEST: =/ Beatty, /6? 6/9 a By Larry ' er, Mayor