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EDA-2. Interfund Loan, Chanhassen Transit Station CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952:227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us EbA-:l- - MEMORANDUM TO: Todd Gerhardt, Executive Director FROM: Greg Sticha, Finance Director ~7~' , o . February 22,2010 ' DATE: SUBJ: Resolution Approving an Interfund Loan for Legal and Engineering Costs to be Repaid with Tax Increment, Chanhassen Transit Station Project BACKGROUND The city has incurred legal and engineering costs associated with the development of the Chanhassen Transit Station. By the time the project is complete, staff estimates that the city will incur expenses of approximately $368,400. Through adoption of the attached resolution, the EDA will authorize interfund loans in an amount not to exceed $418,000. This amount is slightly higher in the event that our estimate is too low. The interfund loans will be distributed from the following funds: · $168,000, Capital Replacement Equipment Fund (400); for the purchase of the Railroad Depot land . $77,500, Water Utility Fund (700) . $52,800, Sanitary Sewer Utility Fund (701) · $88,100, Storm Sewer Utility Fund (720) If expenses exceed $368,400, the additional expenses (up to another $49,600) will be transferred from the Capital Replacement Equipment Fund. Staff will inform the City Council if this becomes necessary. The city will use future increment, to the extent available, to repay these loans. RECOMMENDA TION The Chanhassen EDA authorizes interfund loans in an amount not to exceed $418,000 (as detailed in the resolution), to be repaid with future tax increment generated from the Chanhassen Transit Station project. ATTACHMENT 1. Resolution Authorizing Interfund Loan Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY CITY OF CHANHASSEN COUNTIES OF CARVER AND HENNEPIN STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH CHANHASSEN TRANSIT STATION TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED By the Board Of Commissioners of the Chanhassen Economic Development Authority (the "Authority") as follows: Section 1. Background. 1.01. The Authority intends to establish the Chanhassen Transit Station Tax Increment Financing District, Tax Increment Financing District No. 10 (the "TIP District") within the Downtown Chanhassen Redevelopment Project Area (the "Project") all pursuant to Minnesota Statutes, Sections 469.174 to 469.1799 (the "TIP Act"), and Sections 469.090 to 469.1082 (the "EDA Act"). 1.02. The Authority may incur certain costs related to the TIP District, which costs may be financed on a temporary basis from available Authority funds. 1.03. Under Section 469.178, Subdivision 7 of the TIP 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 TIP Act. 1.04. The Authority intends to advance funds from various sources to pay administrative and other costs related to the TIP District, and now proposes to designate such advances as an interfund loan in accordance with the terms oftms resolution and the TIP Act. Section 2. Reoavment of Inter fund Loan. 2.01. The Authority may advance from time to time and from any available funds, moneys to pay administrative and other costs related to the TIP District, in a principal amount up to $418,000. The Authority will reimburse itself for such advances together with interest at the rate of 4% per annum (the "lnterfund Loan"). Interest accrues on the principal amount from the date of each advance. The. interest rate is no more than the greater of the rate specified under Minnesota Statutes, Section 270C.40 and Section 549.09, both in effect for calendar year 2010. The interest rate will, without further action by the Authority, be adjusted on January 1 of each year to reflect the greater of the rate specified under Minnesota Statutes, Section 270C.40 and Section 549.09 in effect for that calendar year. ~. 2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi- annually on each August I and February I (each a "Payment Date"), commencing on the first Payment Date on which the Authority has Available 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 TIP District. 2.03. Payments on the Interfund Loan will be made solely from Available Tax Increment, defined as tax increment from the TIP District received by the Authority from Carver County in the six-month period before any Payment Date and not otherwise pledged to other bonds, notes or obligations. Payments shall be applied first to accrued interest, and then to unpaid principal. 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 TIP 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 after 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 ofthe TIP Act. Section 3. Effective Date. This resolution is effective upon approval. Adopted this 22nd day of February, 2010. Thomas A. Furlong, Chair ATTEST: Todd Gerhardt, Executive Director 2