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04-1074Council File # — �� Resolution # Green Sheet # 3024034 OF SAINT PAUL, MINNESOTA Presented By IC Referred To �� Committee: Date 1 RESOLUTION APPROVING "1'HE TERMINATION OF AN ASSESSMENT AGREEMENT AND A 2 SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT 3 (JJ HILL PROJECT) 4 6 A. WHEREAS, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota 7 (the "Authority"), the City of Saint Paul (the "City"), and Hill Building Limited Partnership, a Minnesota 8 limited partnership (the "Developer") have heretofore entered into a Second Amended and Restated 9 Development Agreement, dated November 13, 2002, as amended by a First Amendment to Second Amended 10 and Restated Development Agreement dated October 13, 2003 (coilectively, the "Development Agreement") 11 in connection with the renovarion of an existing building in the City known as the Great Northern Building 12 into an owner occupied housing development (the "Project"); 13 B. WHEREAS, the Authority and the Developer have heretofore entered into an Assessment 14 Agreement dated as of December 17, 2002 (the "Assessment Agreement"), pursuant to which a minimum 15 market value was established for the Project, which Assessment Agreement were certified by the County 16 Assessor for Ramsey County, Minnesota (the "Assessor"); 17 C. WHEREAS, pursuant to a Second Amendment to Second Amended and Restated Development 18 Agreement, (the "Second Amendment") a copy of which is on file with the City Clerk, the City, the Authority 19 and the Developer have agreed to, among other things, terminate the Assessment Agreement in connection 20 with the issuance by the Authority of its tax exempt taa� increment revenue bonds; 21 D. WHEREAS, pursuant to Minnesota law, the City Council must consent to the termination of the 22 Assesment Agreement. 23 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Saint Paul, Minnesota, as 24 follows: 25 26 1. The City hereby consents to the ternunation of the Assessment Agreement. 27 2. The Second Amendment is hereby approved in substantially the form submitted, and the 28 Mayor, Clerk and Director, Office of Financial Services are authorized to execute the same on behalf of the 29 City. 30 Adopted by the City Council of the City of Saint Paul, Minnesota this l Oth day of November, 2004. 31 Adopted by Council Adoption Certified Approved by Date �� //J-�1� Council File # " �V� Resolution # Green Sheet # 3024034 Requested by Department of: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �1-101� Depar6nenNOffiedcouneil: Dafe Initiated: ! PE ����g��nomicDevelopmeat 260CT-04 I Green Sheet NO: 3024034 Deoariment SeMToPerson InitiallD te Contact Person 8 Phone: � , fa �( DianeNordquist 0 lanni &EconomcDevelo Carison ��/ ��� q55ign 1 Flanuiu4 & Economic Develoo � Susao KimberiV � �� S Must Be on Council Age�da by (Date): Number 2 i Attornev S. ei v 10-NOV-04 . � For Routing I 3 inancia Services MattSmiltr Order 4 r's Oftice Ma or/Assishnt 5 ouncil Council _ 6 � Clerk CiN Clerk Totai # of Signature Pages (Clip All Locations for SignaWre) y � Action Requested: Resolution Approving the Termination of an Assessment Agreement and a Second Amendment to Second Amended and Restated Development Agceement (7J IIill Project). Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: . Planning Commission 1. Has this pewoNFrm ever worked under a contract for this department? CIB Committee Yes No � Civil Service Commission 2- Has this person/firm ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any curcent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � On November 13, 2002, the HRA and City Council approved a Second Amended and Restated Development Agreement with Hill Building Limited PartnersLip to develop up to 53 units of owner-occupied housing in the historic JJ Hill Building. Per this Agreement, in order to allow for tas exempt refunded bonds to take out a taxable developer note, the Assessment Agreement must be terminated. Also, in order to proceed without a Moral Obligation, this Second Amendment to the Second Amended and Restated DevelapmPni- Agrcetrne�t 1s necessa�. AdvanWqes If Approved: � Ta:c exempt bonds can be issued. Also, there is no longer a need fos the City and HRA to issue Moral Obligauon bonds. DisadvanWpes If Approved: � � � � � � � � None. Q�� C Disadvantages If Not Approved: The taY exempt bonds could not be issued and/or the moral obligation would be necessary. �` ��� ���� ���� Totaf Amount of � Cost/Revenue Budgeted: Transaction: Fundina source: Tax Increment Financinc ActivltY Number: F i nancial 1 nformation: (Explain)