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LOAN AGREEMENT NO. L-08 <br />Clint Wilson/Auto Ranch (7665 Highway 10) <br />LOAN AGREEMENT BETWEEN THE METROPOLITAN COUNCIL <br />AND THE CITY OF RAMSEY <br />FOR PROTECTIVE ACQUISITION OF HIGHWAY RIGHT-OF-WAY <br />THIS AGREEMENT is entered into, this day of .December, 2008 by THE METROPOLITAN <br />COUNCIL ("the Council"), and THE CITY OF RAMSEY ("the Recipient"). <br />WHEREAS, the Council is authorized by Minnesota Statutes section 473.167, subdivision 2, to make loans <br />to counties, towns, and cities situated within the metropolitan area for the purpose of acquisition of property <br />within a proposed state trunk highway right-of--way when acquisition is necessary to avert the imminent <br />conversion of such properly to a use which would jeopardize the property's availability for highway <br />construction; and <br />WHEREAS, the Recipient is an eligible governmental unit and has applied for such a loan to accomplish <br />the acquisition of threatened right-of--way within the officially-mapped area to the north of Trunk Highway. <br />10 from approximately Armstrong Boulevard to the Ramsey-Anoka City boundary and is bounded to the <br />north by the BNSF rail line; and - <br />WHEREAS, the Council has authorized that such a loan be made to the Recipient from the Metropolitan <br />Right-of--Way Acquisition Loan Fund. <br />NOW, THEREFORE, in consideration of the mutual promises and covenants in this agreement, the <br />Council and the Recipient agree as follows: <br />L LOAN FUNDS <br />1.01 Total Loan Amount. The Council shall loan to the Recipient, in accordance with the loan <br />schedule set forth in paragraph 1.02, a total loan amount not to exceed $960,500.00 . <br />1.02 Loan Schedule. Upon execution of this loan agreement, the Council will advance <br />$900,000.00 to the Recipient for the purchase price of that real property described in Exhibit <br />A, which is attached to and incorporated iri this agreement. The purchase price of the real <br />property includes any buildings or structures located. on the parcel. Upon receipt by the <br />Council of satisfactory and complete documentation describing .the .Recipient's actual <br />appraisal, title evaluation, and other acquisition costs, the Council will advance to the <br />Recipient such actual costs, in an amount not to exceed $60,500.00. These other eligible <br />costs are: <br />• Appraisal fees <br />• Appraisal review fees <br />• Environmental <br />• Fees for title evaluation, negotiations, legal reviews <br />• Demolition <br />• 2009 taxes (estimated based on 2008) <br />1.03 Authorized Use of Loan Funds. The parties agree that loan funds maybe used only for the <br />purchase price of the property described in Exhibit A, and the acquisition costs actually incurred by the <br />-248- <br />