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2017-054 Aprpoving Execution of Hopkins Pavilion Contribution Agreement wiht the Hopkins Youth Hockey Association and Anchor Bank NACITY OF HOPKINS, MIlVNESOTA RESOLUTION NO. 2017-054 RESOLUTION APPROVING EXECUTION OF HOPKINS PAVILION CONTRIBUTION AGREEMENT WITH THE HOPKINS YOUTH HOCKEY ASSOCIATION AND ANCHOR BANK, N.A. WIIEREAS, the City of Hopkins, Minnesota (the "City") owns an ice hockey and multipurpose facility known as the Hopkins Pavilion, located at 1 1000 Excelsior Boulevard in the CiTy (the "Facility"); and WHEREAS, the Hopkins Youth Hockey Association, a Minnesota nonprofit corporation (the "Association"), currently uses the ice arena within the Facility (the "Ice Arena") and rents space in the Ice Arena on an annua] basis for its youth hockey activities; and WIIEREAS, 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 Ciry 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 Association (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, aud the City intends to provide such guaranty through a general obligation abatement note; and WHEREAS, tlie City and the Association wil] enter into a Hopkins Pavilion Use Agreement, which will set forth the terms of the use of the Ice Arena by the Association for a term of ten (10) years; and WIIEREAS, there has been presented before this City Council a form of Hopkins Pavilion Contribution Agreement (the "Contribution AgreemenY') proposed to be entered into between the CiTy, the Association, and the Bank, 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 in 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; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins, Minnesota (the "City"), as follows: 1. The Contribution Agreement is hereby in all respects authorized, approved, and confirmed, and the Mayor and the City Manager are hereby authorized and directed to execute and deliver the Contribution 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 504606v1 JAE HPllO-98 execution thereof to constitute conclusive evidence of their approval of any and all modifications therein. Notwithstanding the foregoing, the execution and delivery of the Contribution Agreement is contingent upon the City Council holding a public hearing and granting an abatement in the amount of $550,000 in order to issue the general obligation abatement note required as a guaranTy by the Bank. 2. The Mayor, the City Manager, and other ofticials and staff of the City are authorized and directed to execute any other documents and certificates deemed necessary to carry out the intentions of this resolution or the Contribution Agreement. Adopted by the City Council of the City of Hopkins, Minnesota this 3151 day of July, 2017. /��-/Z� f �ti� �-v�u-� � Mayo ATTEST: �,������'C�� City Clerk 504606v1 JAE HPllO-98