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11-10550r RESOLUTION NO. 10550 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 Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (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 the dates specified above 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 a duly noticed public hearing) that specifically authorizes the HRA to take such actions; and WHEREAS, the HRA has proposed to apply available tax increments from the TIF Districts for various uses in accordance with the Temporary TIF Authority Act, and to that end has caused to be prepared a document entitled "Spending Plan for Interchange Tax Increment Financing District and Lyndale Gateway Tax Increment Financing District (Temporary TIF Authority under Minn. Stats., Section 469.176, Subd. 4m)" (the "Spending Plan"); and WHEREAS, the assistance authorized under the Spending Plan expressly includes, but is not limited to, assistance to The Cornerstone Group, Inc., 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, at its meeting on July 25, 2011, the Board of the HRA approved the Spending Plan; and WHEREAS, on this date, the Council held 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 were given the opportunity to be heard; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA: 1. The Spending Plan is hereby approved in substantially the form on file in City Hall. 2. The City makes all the findings set forth in the Spending Plan, which are incorporated herein by reference. 3. HRA staff and consultants are hereby authorized to take actions necessary to carry out the terms of the Spending Plan. Adopted by the City Council of the City of Richfield, Minnesota, this 9th day of August, 2011. Debbie Goettel, Mayor ATTEST: ,A)U6(11 Nancy Gibbb City Clerk