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2004-47d -, . e e e EXTRACT OF MINUTES OF A MEETING OF THE BOARD OF COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CHANHASSEN, MINNESOTA HELD: JULY 12,2004 Pursuant to due call and notice thereof, a regular 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 on July 12,2004, at 7:00 P.M. The following members were present: Tom Furlong, Bob Ayotte, Steve Labatt, Brian Lundquist, Craig Peterson and the following were absent: None Member Ayotte introduced the following resolution and moved its adoption: Resolution 2004-410 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 Chanhassen Redevelopment Project Area (the "Project Area"), established by the Housing and Redevelopment Authority in and for the City ofChanhassen, Minnesota (the "HRA"), all pursuant to the provisions of Minnesota Statutes, Sections 469.001 through 469.047 and 469.090 through 469.1081; and B. WHEREAS, Tax Increment District No.4 has been established by the City of Chanhassen, Minnesota (the "City"), as a redevelopment district within the Project Area (the "Tax Increment District") under the provisions of Minnesota Statutes, Sections 469.174 through 469.179 and the City has approved a tax increment financing plan and amendments (the "Plan") with respect to the Tax Increment District and the Authority has accepted jurisdiction over the Tax Increment District; and C. WHEREAS, a Contract for Private Redevelopment by and between the HRA and Bloomberg Companies Incorporated was entered into and a $360,000 Limited Revenue Tax Increment Note, dated December 31, 1998, was issued by the HRA (the "Frontier Note"); and D. WHEREAS, a Contract for Private Redevelopment by and between the HRA and Chanhassen Properties, LLC, was entered into and a $540,000 Limited Revenue Tax Increment Note, dated August 8, 1997, was issued by the HRA (the "Chanhassen Properties Note"); and 1663917vl e e e E. WHEREAS, the Frontier Note and the Chanhassen Properties Note are herein collectively referred to as the "Prior Notes"; and F. WHEREAS, on July 12, 2004, the City Council adopted a resolution authorizing the issuance and sale of $1,170,000 Taxable General Obligation Tax Increment Refunding bonds, Series 2004C, dated August 10, 2004 (the "Bonds"), of the City to prepay all of the outstanding principal and accrued and unpaid interest on the Prior Notes in order to reduce debt service costs to the City; and G. WHEREAS, in order to prepay the Prior Notes 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; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority of the City ofChanhassen, Minnesota, as follows: 1. Execution of Agreement. The Pledge Agreement on file in the office of the 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. Filing 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. 3. Amendment to the Tax Increment Plan. Section S on page 5 of the Tax Increment Plan for Tax Increment District No.4 is hereby amended to read: "The Authority and the City intend to issue General Obligation Tax Increment Bonds in an amount not to exceed $1,500,000 to refinance the original limited revenue notes associated with the Entertainment Center Redevelopment and authorized by the Plan for TIF District No.4" 2 1663917vl , e e e The motion for the adoption of the foregoing resolution was duly seconded by member Lundquist and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Furlong, Ayotte, Labatt, Lundquist, Peterson and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 3 1663917vl , e e e STATE OF MINNESOTA COUNTIES OF CARVER AND HENNEPlN 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 ofa 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 on July J1, 2004. ~ 3 1663917vl