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A General Obligation Bonds C OF 690 City Center Drive PO Box 147 Chanhassen, Minnesota 55317 Phone 952.937.1900 Generat Fax 952.937.5739 Engineering Department Fax 952.937.9152 Building Department Fax 952.934.2524 Web Site www. cl. chanhassen, mn. tis TO: Economic Development Authority FROM: Todd Gerhardt, Acting City Manager DATE: July 5, 2001 SUB J: Consider Approval of a Pledge Agreement Authorizing the City of Chanhassen to Issue the Sale of $2,720,000 in General Obligation Tax Increment Refunding Bonds, Series 2001D Attached is a resolution authorizing the execution of a Pledge Agreement authorizing the City of Chanhassen to issue the sale of $2,720,000 in General Obligation Tax Increment Refunding Bonds, Series 2001D. The sale of these bonds will be used to refinance public improvement projects within the downtown area. Refunding these bonds results in an approximate $70,000 savings because of lower interest rates. RECOMMENDATION Staff is recommending approval of the resolution authorizing the Pledge Agreement, the execution of the Agreement and the filing of the Pledge Agreement with the Carver County Auditor. ATTACHMENT . Resolution Authorizing the Execution of a Pledge Agreement. Pledge Agreement. e Ci~. o. fChanhassen. A growh~ commtm/O, w/th c[ean [akes, quality schools, a charmin~ downtown, thrivin¢ businesses, and beautifiul oarks. A ereat dace to live, work, and da~: EXTRACT OF MINUTES OF A MEETING OF THE BOARD OF COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CHANHASSEN, MINNESOTA HELD: July 9, 2001 Pursuant to due call and notice thereof, a meeting of the Board of Commissioners of the Economic Development Authority of the City of Chanhassen, Carver and Hennepin Counties, Minnesota, was duly called and held at the City Hall in said City on Monday, the 9th day of July, 2001, at o'clock _.M. The following members were present: and the following were absent: Member adoption: introduced the following resolution and moved its RESOLUTION AUTHORIZING EXECUTION OF A PLEDGE AGREEMENT A. WHEREAS, the Economic Development Authority of the City of Chanhassen (the "Authority") has jurisdiction over the Redevelopment Plan for the Downtown Redevelopment Project Area (the "Project Area") and there were issued General Obligation Tax Increment Refunding Bonds, Series 1990A (the "Prior Bonds") of the City of Chanhassen, Minnesota (the "City") in order to provide money to refund in advance of maturing the City's outstanding General Obligation Tax Increment Bonds of 1983 issued to finance certain program and public redevelopment costs within the Project Area (the "Project"); and B. WHEREAS, on June 25, 2001 the City Council adopted a resolution authorizing the issuance and sale of $2,720,000 General Obligation Tax Increment Refunding Bonds, Series 200 iD, dated July 15,2001 (the "Bonds") of the City to refinance the Project and refund the Prior Bonds in order to reduce the debt service costs to the City; and C. WHEREAS, in order to refinance the Project, refund the Prior Bonds and provide for payment of the Bonds, it is necessary and expedient that the Authority and the City execute the Pledge Agreement as provided herein. 1303864v I NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the EDA of the City of Chanhassen, Minnesota, as follows: 1. Execution of Agreement. The Pledge Agreement on file in the office of the Acting City Manager is hereby approved in substantially the form submitted and the President and Secretary of the Authority are authorized and directed to execute the same (and such other agreements and documents as may be required in connection therewith) on behalf of the Authority. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and by the Authority officials authorized herein to execute or accept, as the case may be, said documents prior to their execution; and said Authority officials are hereby authorized to approve said changes on behalf of the Authority. 2. Filin~ of Pledge Agreement. The Secretary is directed to file a fully executed copy of the Pledge Agreement with the affected County Auditor pursuant to Minnesota Statutes, Section 469.178, subdivision 2. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the · following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 1303864vl 2 STATE OF MINNESOTA COUNTIES OF CARVER AND HENNEPIN CITY OF CHANHASSEN I, the undersigned, being the duly qualified and acting Secretary of the Economic Development Authority of the City of Chanhassen, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the Board of Commissioners held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to a resolution authorizing execution of a Pledge Agreement. WITNESS my hand as such Secretary this day of July, 2001. Secretary 1303864vl 3 PLEDGE AGREEMENT THIS AGREEMENT, entered into as of the 15th day of July, 2001, by and between the City of Chanhassen, a Minnesota municipal corporation, herein called the "City", and the Economic Development Authority of the City of Chanhassen, a public body corporate and politic created and existing under the laws of Minnesota, herein called the "Authority", witnesseth that: A. WHEREAS, the Authority has jurisdiction over the Redevelopment Plan (the "Redevelopment Plan") for the Downtown Redevelopment Project Area heretofore established by the Housing and Redevelopment Authority of the City qualified as a redevelopment project and has approved a tax increment financing plan (the "Plan") with respect to said redevelopment project (the "Project Area"), all pursuant to the provisions of Minnesota Statutes, Sections 469.001 through 469.047 and 469.090 through 469.108 (collectively the "Act"); and B. WHEREAS, attached hereto as Exhibit A is a resolution called herein the "Authorizing Resolution," adopted by the City Council on June 25, 2001 and which authorizes the issuance of $2,720,000 General Obligation Tax Increment Refunding Bonds, Series 2001D (the "Bonds") for the purpose of providing money to refund on August 1, 2001, all of the outstanding General Obligation Tax Increment Refunding Bonds, Series 1990A, dated March 1, 1990 (the "Prior Bonds") which were issued for the purpose of providing money to refund in advance of maturity the City's outstanding General Obligation Tax Increment Bonds of 1983 issued to finance certain program and public redevelopment costs within the Project Area as set forth in the Redevelopment Plan payable from certain tax increments (the "Tax Increments") derived from the Tax Increment Financing District as defined in the Redevelopment Plan and Plan, pursuant to Minnesota Statutes, Sections 469.175 and 469.028 and this Pledge Agreement. NOW, THEREFORE, BE IT RESOLVED by the City and the Authority, each in consideration of the mutual covenants and agreements herein contained, covenant and agree as follows: 1. Coverage Test. The Authority hereby pledges to the payment of the Bonds (A) Tax Increments in an amount which, together with other revenues and remitted by the Authority to the City for the payment of the Bonds, or interest thereon, is sufficient to pay 105% of the principal and interest (except capitalized interest) to become due each year on the Bonds, to the extent that available Tax Increments are insufficient to pay when due the principal of and interest (except capitalized interest) on the Bonds. 2. Remittance; Segregation, Reservation of Rights. All Tax Increments herein pledged shall be remitted directly to the City and the City, acting as agent of the Authority, shall segregate all Tax Increments so received in a special account on its official books and records. The Authority reserves the right to alter the pledge of Tax Increments as set forth in paragraph of the Authorizing Resolution. 3. Filing; Computation, Collection and Segregation. An executed copy of this Agreement shall be filed with the affected County Auditor and shall constitute the request and authorization of the Authority and the City to the County Auditor and Treasurer to compute, collect and segregate said tax increments in accordance with the provisions of this Agreement 1303864vl and Minnesota Statutes, Section 469.177 and to remit the same to the City acting as agent of the Authority. 1303864vl 2 IN WITNESS WHEREOF, the City and the Authority have caused this Agreement to be duly executed on their behalf and the seal to be hereunto affixed, and such signatures and seal to be attested, as of the day and year first above written. CITY OF CHANHASSEN, MINNESOTA By Mayor Attest: Acting City Manager (SEAL) 1303864vl 3 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CHANHASSEN By President Attest: Secretary 1303864vl 4 EXHIBIT A AUTHORIZING RESOLUTION [INSERT] 1303864vl A-1