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1f. North Bay TIF Assignment0 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 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Laurie Hokkanen, Assistant City Manager ub DATE: January 17, 2013 SUBJ: Approve Assignment of TIF Note (TIF 45, North Bay) PROPOSED MOTION The City Council approves the Consent to Assignment of Interest in Limited Revenue Tax Increment Note. A majority vote is required for adoption. BACKGROUND TIF #5: This is a housing district, established in 1997, that encompasses the Rottlund housing development known as North Bay. The city used increment to repay itself and Rottlund for public improvements and other certain development costs associated with the project. Recreation Center TIF 45 obligations included payments to Rottlund Homes on a $400,000 + interest note. 2310 Coulter Boulevard This is a pay -as- you -go note with the final payment due in 2014. This district may then Phone: 952.227.1400 Fax: 952.227.1404 be eligible for decertification in 2015. Planning & In November, the city council approved assignment of this note to US Bank because of Natural Resources the bankruptcy of Rottlund Homes. Now, US Bank has sold the note and is requesting Phone: 952.227.1130 Fax: 952.227.1110 re- assignment to Dominion Development and Acquisition, LLC. Public Works There are three projected payments remaining on the note, totaling approximately 7901 Park Place $83,461. As detailed within the Agreement, payments are made only to the extent that Phone: 952.227.1300 the City receives tax increment. Our obligation will end with the February 1, 2014 Fax: 952.227.1310 payment, regardless of the balance of the note. Senior Center Phone: 952.227.1125 As was true with original reassignment, the only change from the City's perspective Fax: 952.227.1110 realized through this Consent is the recipient of the tax increment check. Web Site RECOMMENDATION www.ci.chanhassen.mn.us Staff recommends approval of the Consent to Assignment of Interest in Limited Revenue Tax Increment Note. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Todd Gerhardt January 28, 2013 Page 2 ATTACHMENTS Consent to Assignment of Interest in Limited Revenue Tax Increment Note CITY CONSENT TO ASSIGNMENT The City of Chanhassen, Minnesota, a Minnesota municipal corporation ( "City ") issued a Limited Revenue Tax Increment Note ( "TIF Note "), dated June 24, 1996 in the principal amount of $400,000.00, payable to The Rottlund Company, Inc. ( "Rottlund "). The TIF Note was later assigned to Bank of America, N.A., a national banking association, in its capacity as Administrative Agent for itself and each of the other lenders party to that certain Credit Agreement dated April 24, 2008 ( "Assignor "). Under the terms and conditions of the TIF Note, the City must approve all assignments of the TIF Note. Assignor desires to assign all of its right, title and interest in the TIF Note to Dominium Development and Acquisition, LLC, a Minnesota limited liability company, or a subsidiary or other affiliated company ( "Assignee "). The City hereby approves and consents to the assignment of the TIF Note from Assignor to Assignee. From and after the date of this Consent, all payments due to Assignor (including those accrued but unpaid) under the TIF Note will be paid directly to Assignee. On this day of January, 2013, the City Council of the City has caused this Consent to be executed by the signatures of the Mayor and City Manager. CITY OF CHANHASSEN, a Minnesota municipal corporation By: Thomas Furlong Its: Mayor By: Todd Gerhardt Its: City Manager