Loading...
2006-10-10MOUND HOUSING AND REDEVELOPMENT AUTHORITY OCTOBER 10, 2006 The Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, October 10, 2006, at 7:20 p.m. in the council chambers of city hall. Members Present: Chair Pat Meisel; Commissioners David Osmek, Bob Brown, Mike Specht, and John Beise. Others Present: City Attorney john Dean, Finance Director Gino Businaro, Public Works Director Carlton Moore. 1. Open Meeting Chair Meisel called the meeting to order at 7:20 p.m. 2. Approve Agenda MOTION by Brown, seconded by Osmek to approve the agenda. All voted in favor. Motion carried. 3. Approve Minutes MOTION by Specht, seconded by Beise to approve the minutes of September 26, 2006. All voted in favor. Motion carried. 4. Action on resolution authorizing amendment of taxable tax increment subordinate revenue note MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-11 H: RESOLUTION AUTHORIZING THE AMENDMENT OF THE TAXABLE TAX INCREMENT SUBORDINATE REVENUE NOTE (METROPLAINS REDEVELOPMENT PROJECT), SERIES 2006. 5. Adiourn MOTION by Brown, seconded by Osmek to adjourn at 7:28 p.m. all voted in favor. Motion carried. Chair Pat Meisel Attest: Bonnie Ritter, City Clerk 1 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND, MINNESOTA RESOLUTION N0.06-11H RESOLUTION AUTHORIZING THE AMENDMENT OF THE TAXABLE TAX INCREMENT SUBORDINATE REVENUE NOTE (METROPLAINS REDEVELOPMENT PROJECT), SERIES 2002B BE IT RESOLVED by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority in and for the City of Mound, Minnesota (the "HRA"), as follows: SECTION 1. BACKGROUND 1.01. The Housing and Redevelopment Authority in and for the City of Mound (the "HRA") and the City of Mound (the "City") previously established the Tax Increment Financing District No. 1-2 (the "TIF District") pursuant to authority granted by Minnesota Statutes, Sections 469.174-469.1799, as amended (the "Tax Increment Act"), within Development District No. 1 (the "Development Project"), and adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District. In order to provide for the redevelopment of the Development Project and the TIF District and, specifically, to provide for the construction of a mixed use development with approximately 99 residential units and approximately 67,000 square feet of commercial space located in the TIF District in the City's downtown area (the "Project"), the HRA entered into an Amended and Restated Contract for Private Redevelopment, dated January 8, 2002, between the HRA and MetroPlains Development LLC, a Minnesota limited liability company, and its assignees (the "Redeveloper") which was subsequently amended by the First Amendment to Amended and Restated Contract for Private Redevelopment, dated April 24, 2002, between the HRA and the Redeveloper (collectively, the "Contract"). 1.02. On April 23, 2002, the Board adopted Resolution No. 02-O1H (the "Note Resolution"), which provided for the issuance and sale of its tax increment revenue notes. Pursuant to the terms of the Note Resolution, the HRA issued its Taxable Tax Increment Revenue Notes (MetroPlains Redevelopment Project), Series 2002 (the "Senior Notes"), in the principal amount of $3,210,000, dated as of June 3, 2002, payable solely from a portion of the proceeds of the Series 2002 Notes and from certain tax increment revenues generated from the TIF District. 1.03. Pursuant to the terms of the Contract, the HRA issued its Taxable Tax Increment Subordinate Revenue Note (MetroPlains Redevelopment Project), Series 2002B (the "Series 2002B Note"), in the principal amount of $308,957, dated as of June 3, 2002, payable solely from certain tax increment revenues generated from the TIF District. 1.04. Pursuant to the Contract and the terms of the Series 2002B Note, the HRA has no obligation to pay principal and interest due on the Series 2002B Note until the Senior Notes and any notes issued to refinance the Senior Notes are paid in full, defeased or redeemed. 1.05. On September 26, 2006, the HRA adopted a resolution providing for the issuance of tax- exempt bonds (the "Bonds") to refinance the Senior Notes. In connection with the issuance of the Bonds, the HRA has agreed to utilize a portion of excess tax increment revenues collected from the TIF District to pay principal of and interest on the Series 2002B Note. 1.06. The Redeveloper has requested that the Series 2002B Note be amended to reflect the fact that excess tax increment revenues will be utilized by the HRA to pay principal of and interest on the Series 2002B Note going forward. SECTION 2. AMENDMENT OF SERIES 2002B NOTE 2.01. The Series 2002B Note is hereby amended by striking the second paragraph of Section 3, which states: The Authority shall have no obligation to pay principal of and interest on this Note until the Senior Notes and any Refinancing Notes (as defined in the Agreement) have been paid in full, defeased, or redeemed in accordance with their terms, and thereafter shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than Available Tax Increment. Payment of Available Tax Increment is subject to compliance by Redeveloper, its successors and assigns with the terms of the Agreement. The Authority has no obligation to pay any outstanding principal or accrued interest remaining unpaid on February 1, 2027. and including in its place the following paragraph: The Authority shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than Available Tax Increment. Payment of Available Tax Increment is subject to compliance by Redeveloper, its successors and assigns with the terms of the Agreement. The Authority has no obligation to pay any outstanding principal or accrued interest remaining unpaid on February I, 2027. SECTION 3. EFFECTIVE DATE. This Resolution shall take effect and be in force from and after its approval and publication. Adopted this 10th day of October, 2006. Chair Pat Meisel ~~ Attest: Bonnie Ritter, City Clerk MU195-21 (JAE) 299321 v. l 2