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11-1104r HRA RESOLUTION NO. 1104 RESOLUTION AUTHORIZING INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH AMENDED AND RESTATED HOUSING TAX INCREMENT FINANCING DISTRICT 2010-1 (WOODLAKE HOUSING) BE IT RESOLVED By the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "Authority") as follows: Section 1. Background. 1.01. The Authority has established Housing Tax Increment Financing District 2010-1 (Woodlake Housing) within the Richfield Redevelopment Project Area (the "Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.174 to 469.179, as amended (the "TIF Act") and Sections 469.001 to 469.047, as amended (the "HRA Act"). 1.02. The Authority may incur certain costs related to the TIF District, which costs may be financed on a temporary basis from available Authority funds. 1.03. Under Section 469.178, Subdivision 7 of the TIF Act, the Authority is authorized to advance or loan money from any fund from which such advances may be legally made in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. 1.04. The Authority owns certain property (the "Redevelopment Property") and has incurred or will incur certain costs to prepare such property for redevelopment. The Authority has determined that the market price of the improved Redevelopment Property is at least $85,000. 1.05. It is proposed that the Authority enter into a Contract for Private Development, dated on or after August 1, 2011 (the "Contract"), between the Authority and Woodlake Richfield Apartments, LLC (the "Developer"), pursuant to which the Authority will convey the Redevelopment Property to the Developer for $1.00. 1.06. Pursuant to the Contract, the Authority has agreed to forego receipt of the full market value of the Redevelopment Property. Such forbearance represents an advance of Authority funds in the amount of approximately $85,000 (the write-down in purchase price). 1.07. In addition to the land write-down, the Authority has determined to pay for other costs identified in the TIF Plan consisting of land/building acquisition, site improvements/preparation, public parking facilities, interest and administrative costs (collectively, the "Qualified Costs"), which costs may be financed on a temporary basis from HRA funds available for such purposes. 1.08. The Authority intends to reimburse itself for the write-down in purchase price and other Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 2. Repayment of Interfund Loan. 2.01. The Authority will reimburse itself for the land advance in the principal amount of up to $85,000 and other Qualified Costs in the amount of up to $200,000, together with interest at the rate per annum described below. Interest accrues on the principal amount of the Interfund Loan from the date the property is conveyed (hereafter, the "Closing Date"). The Interfund Loan shall bear interest at the rate of 4.0% per annum, which is the greater of the rate specified under Minnesota Statutes, Section 270C.40 and Section 549.09 in effect for the calendar year in which the Closing Date occurred. 2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi- annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first Payment Date on which the Authority has Tax Increment (defined below), or on any other dates determined by the Executive Director, through the date of last receipt of Tax Increment from the TIF District. 2.03. Payments on the Interfund Loan will be made from Tax Increment, defined as tax increment from the TIF District received by the Authority from Hennepin County in the six-month period before any Payment Date, less any amounts determined by the Authority to be applied toward administrative expenses in accordance with the TIF Act. It is anticipated that payments on the Interfund Loan will be made in the amounts and on the dates set forth in Schedule C of the Contract. Payments shall be applied first to accrued interest, and then to unpaid principal. Interest accruing from the Closing Date will be compounded semiannually on February 1 and August 1 of each year and added to principal until the first Payment Date, unless otherwise specified by the Executive Director. 2.04. The principal sum and all accrued interest payable under this resolution is pre-payable in whole or in part at any time by the Authority without premium or penalty. 2.05. This resolution is evidence of an internal borrowing by the Authority in accordance with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority and the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment. The Authority shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid afer the final Payment Date. 2.06. The Authority may at any time make a determination to forgive the outstanding principal amount and accrued interest on the Interfund Loan to the extent permissible under law. 2.07. The Authority may from time to time amend the terms of this Resolution to the extent permitted by law, including without limitation amendment to the payment schedule and the interest rate; provided that the interest rate may not be increased above the maximum specified in Section 469.178. subd. 7 of the TIF Act. Section 3. Effective Date. This resolution is effective upon approval. Adopted this 15th day of August, 2011 ---d ,ammi---4- je,teld Su a M. Sandahl, Chair ATTEST: ai / `�- r ;n Helmberger, Secretary,