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308b (Duplicate) Development Agreement Overland Storage RE c~ E I 'vIi \ l:~ ). iY .--4 ~;;....... ,;' DEe 2 3 1999 CITi 0 ~'1 rvIERID 11\-1'[ RESOLUTION NO .; tJ f3 BY: ,I(&h- ~JC7L.) ?~ ~~ed ~6e~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto mar](ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cler]( are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, a copy of which is attached hereto mar](ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7-f3- day of mtirtd~ ,1999.2000 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1~dayof II1fvtt/1v ,i999.Zoo0 ATTEST: Jb~~~l~ CITY CLERI( ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and mJ.nutes and do hereby certify that on the %- day of 1flC/A..CIL- ,1999, the following action has been taken and authorized: 200D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETIING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution, the reasons and allthority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with OVERLAND STORAGE, L.L.C, AN IDAHO LIMITED LIABILITY COMPANY, entitled "DEVELOPMENT CER TIFI CA TE OF CLERI( 0 F THE CITY OF MERID IAN - I AGREEMENT", by and between the City of Meridian and OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ,\ \11 n Urtfl "," ~,~,,;~ Of MEl?!';;",,,,. ~. ~\~..~""~ A "';t, ~ C~' non ... l.1~J .#~ J ~ f r'fu .iL-~, V' ~. '-. ~ ..~ t- .J ~~ ~!'o.. ,\.. - ! ~J 't'O) :.: f ~~ : 1 WI~LIAM G. BERG, JR. ~ ~~~~~. CITI CLERI( ~ ~ 8j ~ ':.. ~ ,\C5 ; 0 ~ .:'" ~J \.>y ~ ~ '"' ~, J(:) ~ r .6" · ~ ~::' ~ <~. p~') "'~ '" ,~ -, r\,... ~; .. ,,' ~.t;~ ~llL~rrl. \~,\';.,.. JJ'IIJiI"_~' ,...,rl\\\ STATE OF IDAHO, ) ~~~~~'w.\~> : ss: County of Ada, ) . ~OO . On this "]tt1 day of ~t'G , in the year ~, before me, tV'11i?{blA V. fIatVYi7-'U , a Notary Public, appeared WILLIAM G. BERG, JR., kn~ntified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ....... .- --a tJ-. .. ~ J..:.:'_-...O +. '.~ ~~--'OTA ;::'1~.. ~.-y, ~ -~ i-' · . I ~ 'l""'" ' .. . I , . -enl ~.6. ~ \Na : t ~ ~ ~ :>: . \ / . 6 \ , . .. '~ '. . '" ~,~. .~?ii'_':~~"~<;.. . .... OP1t>.... ""1".".- msg/Z:\ W ork\M\lVIeridian I 5360N1\Overland Ministorage\CertifClerkRes (SEAL) -I/t;)Ublic for Idahoq Commission Expires: ' CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 2