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2017-055 Approving Execution of Hopkins Pavilion Use Agreement with the Hopkins Youth Hockey AssociationCITY OF HOPHINS, NIIlVNESOTA RESOLUTION NO. 2017-055 RESOLUTION APPROVING EXECUTION OF HOPHINS PAVII,ION USE AGREEMENT WITH TT3E HOPHINS YOUTH HOCKEY ASSOCIATION WI-IEREAS, the CiTy of Hopkins, Minnesota (the "City") owns an ice hockey and multipurpose facility known as the Hopkins Pavilion, located at 11000 Excelsior Boulevard in the City (the "Facility"); and WIIEREAS, the Hopkins Youth Hockey Association, a Minnesota nonprofit corporation (the "Association"), currently uses the ice azena within the Facility (the "Ice Arena") and rents space in the Ice Arena on an annual basis for its youth hockey activities; and WHEREAS, the City and the Association have determined to finance the construction of certain improvements to the Facility (the "Improvements"); and WHEREAS, the Association has agreed to contribute $1,000,000 to the City for the costs of the Improvements with $50,000 in cash and $950,000 through a bank loan; and WIIEREAS, Anchor Bank, N.A., a national banking association (the `Bank"), has agreed to loan $950,000 to the Associarion (the "Loan") for the Association's contribution to the Improvements; and WHEREAS, as a condition of providing the Loan, the Bank requires the City to guaranty $550,000 of the Loan, provided that the guaranty would be utilized only upon a default under the loan documents by the Association, and the City intends to provide such guaranty through a general obligation abatement note; and WHEREAS, the City, the Association, and the Bank will enter into a Hopkins Pavilion Contribution Agreement pursuant to which the City will agree to guarantee the payment by the Association of the Abatement Note in the event that the Association is unable to make payments under the Abatement Note or ai the event that a default has occurred and is continuing under the documents executed between the Bank and the Association with respect to the Loan; and WIIEREAS, there has been presented before this City Council a form of Hopkins Pavilion Use Agreement (the "Use Agreement") proposed to be entered into between the City and the Association, which sets forth the terms of use of the Ice Arena by the Association for a term of ten (10) yeazs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins, Minnesota (the "City"), as follows: 1. The Use Agreement is hereby in all respects authorized, approved, and confumed, and the Mayor and the City Manager are hereby authorized and directed to execute and deliver the Use Agreement for and on behalf of the City in substantially the form now on file with the City Council but with such modifications as shall be deemed necessary, desirable or appropriate, the execurion thereof to constitute conclusive evidence of their approval of any and all modifications therein. 499364v2 ]AE IiP I 10-98 2. The Mayor, the City Manager, and other officials and staff of the City are authorized and directed to execute any other documents and certificates deemed necessary to carry outthe intentions of this resolution or the Use Agreement. Adopted by the CiTy Council of the City of Hopkins, Minnesota this 315' day of July, 2017. /' li/�l �iLt��w��= —' Mayor ATTEST: ��,Pa�.P,l� City Clerk 499364v2 JAE HP110-98