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11-1098r HRA RESOLUTION NO. 1098 RESOLUTION APPROVING A SPENDING PLAN FOR CERTAIN TAX INCREMENT FINANCING DISTRICTS LOCATED WITHIN THE RICHFIELD REDEVELOPMENT PROJECT AREA WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield (the "HRA") and the City of Richfield (the "City") have previously established the Interchange Tax Increment Financing District and the Lyndale Gateway Tax Increment Financing District (collectively, the "TIF Districts") within the Richfield Redevelopment Project Area and adopted tax increment financing plans therefor, pursuant to Minnesota Statutes, Sections 469.001 to 469.047, as amended, and Sections 469.174 to 469.1799, as amended; and WHEREAS, Minnesota Statutes, Section 469.176, Subd. 4m, (the "Temporary TIF Authority Act") authorizes the HRA to spend available tax increment from any existing tax increment financing district, notwithstanding any other law to the contrary, to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities, if the following conditions exist: (1) Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; (2) Construction commences before (a) July 1, 2011, for low- and moderate-income housing developments; (b) January 1, 2012, for market rate housing developments; and (c) July 1, 2012, for all other private developments; (3) The construction would not have commenced before that date without the assistance; (4) Tax increments under the spending plan are spent by December 31, 2012; and (5) The City Council of the City approves a written spending plan after conducting a duly noticed public hearing that specifically authorizes the HRA to take such actions; and WHEREAS, the HRA proposes to adopt a spending plan for the TIF Districts in accordance with the Temporary TIF Authority Act in substantially the form submitted to the Board of the HRA (the "Spending Plan") to utilize existing tax increment revenues from the TIF Districts in order to stimulate construction or rehabilitation of private development in a way that will also create or retain jobs; and WHEREAS, the assistance authorized under the Spending Plan expressly includes, but is not limited to, assistance to The Cornerstone Group, Inc. (the "Developer"), a Minnesota corporation to finance the costs of redeveloping the Lyndale Garden Center, located at 6400 Lyndale Avenue South in the City, which costs shall include the acquisition of the property, the remediation of environmental contaminants and the substantial rehabilitation of the existing building so that it is suitable for commercial use; and WHEREAS, the HRA Board has on this date held a public hearing regarding the business subsidy provided under the Spending Plan, pursuant to Minnesota Statutes, Sections 116J.993 to 1161995 (the "Business Subsidy Act"); and WHEREAS, on August 9, 2011, the City Council of the City will hold a public hearing regarding the Spending Plan, for which notice was published in a newspaper of general circulation in the City at least once, not less than ten days nor more than 30 days prior to the hearing, and at which hearing all persons will be given the opportunity to be heard; and NOW, THEREFORE, BE IT RESOLVED, by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows: 1. The Spending Plan is hereby approved in substantially the form on file in City Hall. 2. The HRA makes all the findings set forth in the Spending Plan, which are incorporated herein by reference. 3. Following the public hearing and approval of the Spending Plan by the City Council of the City, HRA staff and consultants are hereby authorized to take actions necessary to carry out the terms of the Spending Plan. 4. The HRA hereby approves a business subsidy of up to $650,000 to the Developer as described in the Spending Plan, contingent on the HRA and Developer entering into an agreement regarding the terms and conditions of such business subsidy which is mutually agreeable to both parties. 5. At its meeting on August 15, 2011, the HRA will consider approving an agreement with the Developer providing for assistance to the Developer under the Spending Plan. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 25th day of July, 2011. .� � _. • anne M. Sandahl, Chair ATTEST: -1'b® fake-a t i1 J an Helmberger, S?L ecret1