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06-965r HRA RESOLUTION NO. 965 RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1286. BE IT RESOLVED by the Richfield HRA (the "HRA") of the City of Richfield, Minnesota (the "City"), as follows: Section 1. Backqround. 1.01. The City has heretofore approved the establishment of The Lyndale Gateway West Tax Increment Financing District (the "TIP District") within the Richfield Redevelopment Area (the "Project"), and has adopted a Tax Increment Financing Plan (the "TIP Plan") for the purpose of financing certain improvements within the Project. 1.02. The HRA has determined to pay for certain costs identified in the TIF Plan consisting of land/building acquisition, which costs may be financed on a temporary basis from HRA funds available for such purposes. 1.03. Under Minnesota Statutes, Section 469.178, Subd. 7, the HRA is authorized to advance or loan money from the HRA's general fund or any other fund from which such advances may be legally made, in order to finance the Qualified Costs. 1.04. The HRA intends to reimburse itself for the Qualified Costs from payments made by the Redeveloper in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 2. Terms of Interfund Loan. 2.01. On February 1, 2006 the HRA will advance to pay the Qualified Costs related to the TIF District, in a principal amount up to $718,000. The HRA will reimburse itself for such advances together with interest at the rate of the statutory rate allowed by law per annum. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270.75 or Section 549.09 as of the date or advance is made, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270.75 or Section 549.09 are from time to time adjusted. 2.02. The term of the Interfund Loan shall be 6 months and Principal and interest ("Payments") on the Interfund Loan shall be payable by the Redeveloper on August 1, 2006. 2.03. Payments on this Interfund Loan are payable solely from payments form the Redeveloper. 2.04. The principal sum and all accrued interest payable under this Interfund Loan are pre- payable in whole or in part at any time by the HRA without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. 2.05. This Interfund Loan is evidence of an internal borrowing by the HRA in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from payment of the Redeveloper. This Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the HRA. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto. Neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. The HRA shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.06. The HRA may amend the terms of this Interfund Loan at any time by resolution of the HRA, including a determination t9 forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 17th day of January 2006. Chair ATTEST: U~Wl~~ Donna M. DrummondSecretary