HomeMy WebLinkAboutResolution No. 012-04 r,.
CITY OF ROCHESTER
• COUNTY OF OLMSTED
STATE OF MINNESOTA
RESOLUTION NO. OU-01
RESOLUTION TERMINATING
DEVELOPMENT ASSISTANCE AGREEMENT FOR
CELESTICA PROJECT
BE IT RESOLVED by the Common Council (the "Council') of the City of Rochester,
Minnesota(the "City"), as follows:
1. Recitals.
(a) The City has established its Tax Increment Financing District No. 16 (the
"TIF District") for the "Project" hereinafter described.
(b) The City also entered into a certain Development Assistance Agreement,
dated as of July 17, 2000 (the "Development Agreement"), with CEL (MN) QRS 14-40,
Inc., a Delaware corporation (the "Company"), pursuant to which the Company agreed to
• substantially complete a facility to be used and operated by Celestica Corporation (the
"Project")within the TIF District.
(c) By letter dated September 18, 2003, the City gave the Company and others
specified in the Development Agreement notice of the occurrence of various 'Events of
Default" under the Development Agreement, including without limitation the vacation of
the Project by and the cessation of the operations of Celestica Corporation. As of the
date hereof none of the Events of Default has been cured and no indications have been
given in response to the above-described letter that said Events of Default can or would
be cured. Accordingly, pursuant to Section 4.2 of the Development Agreement the City
is entitled to terminate the Development Agreement.
2. Termination of Development Assistance Agreement. The Council hereby directs
that the Development Agreement be, and the same hereby is, terminated by the City pursuant to
and as provided in Section 4.2 of the Development Agreement. City staff is further directed to
provide the Company and others with the written notification of this termination, as provided
under the Development Agreement.
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. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 5TH DAY OF JANUARY, 2004.
IDENT OF SAIb COMMON COUNCIL
ATTEST:
CITY LE
Approved this 16171 day of January, 2004.
(Seal of the City of _
Rochester, Minnesota) MAYOR OF SAID CITY
Councilmember Walter- Stobaugh moved the adoption of the foregoing
resolution, which motion was duly seconded by Councilmember Bob Nowi cki , and upon
• vote being taken thereon, the following Councilmembers voted in favor thereof:
President -John Hunziker, Councilmembers Jean McConnell , Sandra Means,
Bob Nowicki , Walter Stobaugh
and the following Councilmembers voted against the same:
None
whereupon said resolution was declared duly passed and adopted.
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i
CITY CLERK'S CERTIFICATE
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Rochester, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and
foregoing extract of minutes of a duly called and regularly held meeting of the Common Council
of said City held on the date therein indicated, with the original minutes thereof on file in my
office and I further certify that the same is a full, true, and correct transcript thereof insofar as
said minutes relate to the actions referenced therein respecting the termination of the
Development Assistance Agreement related to the Celestica Corporation project.
WITNESS My hand officially and the official seal of the City this day of
T , 2004.
City Clerk
Rochester, Minnesota
•
(SEAL)
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