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06-127Council File # �}.' `Z,� Green Sheet # 3029552 ci�r Presented by RESOLUTION NT PAUL, MINNESOTA APPROVAL OF AN INTERNAL LOAN, A SPECIAL Fi IND AGREEMENT WITH SAIlVT PAUL HOUSING AND REDEVELOPMENT AUTHORITY FOR WEST MIDWAY TAX INCREMENT FINANCING DISTRICT AND BUDGET AMENDMENT 10 9 W��AS, in December 2005, as part of the deliberations on the 2006 budget, the City Council 10 Budget Committee discussed and decided that $2,400,000 should be retumed to Ramsey County, which 11 sum represents excess tax increment from the West Midway Tax Increment Financing Dishict ("TIF 12 Obligation"); and 13 - 14 W��AS, the agreed-upon funding option to pay the TIF Obligation is set forth in Attachment A 15 to this Resolution and that funding is from the City's Internal Borrowing Fund 070; and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 W�REas, the City is willing to enter into a Special Fund Agreement ("AgreemenY') with the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota ("Authorit}�') which will memorialize the mutual understanding of the City and Authority with respect to the transaction; and WHE�ns, the repayment source for this loan, proceeds from the Science Museum of Minnesota Promissory Note dated March 14, 2000, executed by the Science Museum in the original principal amount of $5,000,000, and amended by a First Amendment dated December 20, 2001 ("SM Note") has been reviewed by the City's Credit Committee and been assigned a risk rating of Acceptable. NOw, T��FOxE, BE TT RESOLVED, the City Council approves the use of the Internal Borrowing Fund 070 to lend cash from various city funds as allowed by law; and FUR'�Ex RESOLVED, that all loans created by the Intemal Borrowing Fund must first be approved by City Council Resolution; and FtJR'['xEx RESOLVED, the City Council hereby approves the Agreement substantially in the form submitted and authorizes and directs the appropriate city officials to execute the same on behalf of the City and fiuther authorizes the Director of the Office of Financial Services to negotiate changes to the Agreement that do not substantially change the City's obligations thereunder; and be it 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 APPROVAL OF AN INTERNAL LAAN, R SPECIAL FUND AGREEMENT WITH SAINT PAUL HOUSING AND REDEVEIAPMENT AUTHOR[7Y FOR WEST MIDWAY TAX INCREMENT FINANCING DISTRICT AND BUDGET AMENDMEN7 (PAGE 1W0) p(�' i"L'I FINai.LY RESOLVED, the Mayor, pursuant to Sec. 10.07.01 of the City Charter, recommends the following changes to the 2006 budget: FIDrarrCirrG PLaN: Internal Borrowing Fund GL 070 10303 6928 Advance from Other Funds GL 070 10303 6604 Interest on Advance All Other Fund Financing SPENDING PLn1v: Internal Bonowing Fund GL 070 10303 0519 Purchase SM Note GL 070 10303 0619 Interest Expense All Other Fund Spending Bostrom Hazris Adopted by Council: Date Yeas ✓ ✓ I ✓ Current Amended Bud�et ChanQes Bud�et 0 2,400,000 2,400,000 0 95,000 95,000 0 0 0 0 2.495.000 2.495,000 1 1 2,400,000 95,000 0 2,495.000 2,400,000 95,000 0 2 495 000 Absen�l Requested by Department of: Office of Financial Services By: � �� Form Approved by City Attomey By: � is� bP. ��j Adoption Ceriified by Council Secretary v g � Form " ov by ayox fo �� u mi i n to ouncil Approve Mayc� Date Z�/�j�(�(P By: T BY: i � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � FS – Financial sen;ces Contact Person & Phone: Aiexandra Oieary 266-8832 must Be on Council Agem o�,j08/o6 ContractType: RE-RESOLUTION Date fnitiated: �� !Z� 3�-.,�-� Green Sheet NO: 3029552 -' Deoartrnent SentToPerson InitiaUDate 0 aat Assign 1 'nan' rvices De entDi ec[or Number Z . Atcorne � For RouGng 3 'sO�ce Ma or/Assistant Order 4 omu7 5 i Cler ' Q Toql # of Signature Pages _(Ciip All Locations for Signature) Signalures on the attached resoYupon approving an internal loan/special fund agreement and budget amendmen[ with Saint Paul Housing and Redevelopment Authority for West Midway Tae Increment Financing District. idations: Appro�e (A) or F Planning Commission CIB Committee Citil Service Commission (R): Service 'I. Has this person/firm e�er worked under a contract for this depaAment? Yes No 2. Has this person/firtn e�er 6een a city employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach ta green sheet Following � Initiating Problem, lssues; Opportunity (Who, What, When, Where, Why): The City of Saint Paul needs to return excess Tax Incremencs from the West Midway TIF District to Ramsey County. AdvanWges IfApproved: The funds will be transfeaed as required. Disadvanpges IfApprovedr None. Disadvantages tf Not Approved: The funds will not be transferred. �uca�s�mountot $2400,000 Transaction: Fundin5� Source: Financial Information: (Explain) CostlRevenueBudgeted: Y Activity Number: January 39, 2006 9:44 AM Page 1 City of Saint Paul Office of Financial Service - Treasury Section West Midway TIF/Science Museum Note Cash Flow Analysis Estimated Intemal Loan Repayment (070-10303) Be innin Loan Outstandin 1/1/2006 $ 2,400,000 Date Febivary t, 2006 5 MarU'I, 2006 5 ApnIt,2WG 5 May t, 2006 5 June1,2006 5 July1,2006 5 Augustt,200G S Septembert,2006 5 Octobert,2006 5 Novem�e�1,2006 5 Decembert,200G 5 January1,200] 5 February1,200] 5 March 1, 200] 5 Apnl 1, 2001 5 May 1, 200� 5 June 1, 200� 5 July 1, 200� 5 August1,200] 5 September1,200� 5 OQOber1,20W $ November t, 2007 $ December 1, 2007 $ January 1, 2008 $ Febtuary1,2008 $ March 1, 2008 $ APn11.2008 $ May 1, 2008 S June 1, 2008 $ July 1, 2008 5 August1,2006 5 September1,2006 5 Odober 1, 2008 5 November1,2008 5 �ecember1,2�08 $ January 1, 20�9 g Febniary 1, 2009 $ March 1. 2009 $ Apn11,2009 $ May �, 20�9 $ June �, 2009 $ Juiy 1. 2009 $ Augus[1,2009 $ Seplember1,2009 5 October1,2009 5 November i, 2009 5 Decembe�1,2009 $ January 1, 2010 $ Febniary �, 2010 $ March 1, 2010 $ ApnIt,2010 $ May �, 2010 $ June i, 2010 $ July'I, 2010 $ August1,2010 $ September t, 2010 S October 1, 2010 $ November 1, 2010 $ December12010 5 Beginning � PayDOVm � AtltliVOnal HRA 2,389,080 2 378,115 2,36],103 2.356.046 2.344.443 2,333,]93 i.6d],]9] 1,558,743 1 544.3t8 101 662,1t6 4]8,955 460,030 441.a2] 421.944 ao2,7az 383,540 364,218 344,816 325,332 3�5,]68 286.122 266,396 81,583 6t,003 40,33� 20.833 20,833 20,833 20,833 20,833 20,833 20,833 20,833 2�,833 20,833 2�.H33 20,833 20,633 20,633 20,833 20,833 20,833 20,833 20,833 20,833 20,833 20,833 20,833 20,833 20,833 20,833 20,833 20,833 20,833 20,833 20,633 20,633 20,833 20,633 �ecember3t,2012 $ - $ 250,000 December3�,2013 $ - 5 250,000 December3t.2014 $ - $ 250.000 December3t,2015 $ - $ 250,000 December31,2016 $ - $ 250,000 December31,2017 $ - $ 250,000 December3�,2018 $ - $ 250,0�0 December31.2019 $ - $ 250,000 December31,2020 b - $ 250,000 December31,2021 $ - $ 250,00p 5 - 5 - 5 - 5 - 5 6T2,000 5 - 5 - 5 - 5 - 5 - S - 5 - 5 - S 5 - S - 5 - 5 - $ - $ - $ $ - $ - 8 - $ - $ - S - S - 5 - 5 - 5 - 5 - 5 5 $ $ $ $ $ - $ $ - $ - $ $ - 5 - S - S - 5 - 3 - 5 - 5 5 - $ - $ - $ S S 5 �00,000 5 25,0�0 5 iso,000 S 25,000 $ '190,000 5 25,000 EXHIBITA Nteresl � Entling I A�+mulabve � InterenEryenseon 9.868 9,822 9,T/6 9,�30 9,684 6,63] 6,A9 6,406 6,346 6.26] 6,22] 6,16G 6,105 6,044 5,982 5,920 5,858 5,]9G 5,]33 4.982 4.9�6 4,850 4,783 4,117 4,649 4,582 Q514 4,446 4,3�8 4,309 4.241 3,484 193 119 s �so,000 5 zs,aoo S 190,000 $ 25,000 S (874�5) 5 162,525 S (e],4]5) 5 162,525 5 (8],4]5) 5 162,525 5 (8],4]5) S 162,525 5 (e],4]5) 5 162,525 5 (8],4]5) $ 162,525 5 (8],4]5) 5 162,525 5 (8],4]5) 5 162,525 1.187 1,1a5 1 023 253 16] 81 $ AOW.000 $ 6�20D0 51tM221) 859t27]3 ' This is an eshmatetl rete The awtal interesl expense will be chargetl at "POOI Rate" 32.3�8,t15 52,36],t03 52.356,006 52.344.943 52,333,]93 5 t.64]79] 5 t 558,743 5 1,544,318 3 t 529,832 5 t,515,286 S t 500,680 51,466,012 5'I 4]1.284 5 �,456,494 5'I 441,643 51,G26,]30 5 1,411,]54 51,396,]16 S 1,2t6,616 51,2W,]65 5 1,184,848 $1.168.865 $1.�52.815 $ 1,136,698 $ 1.120.St4 $1.104.263 $1,08],944 $1,W 1,55] $ 1,065,'10'I $1,038,5�8 $ 856,985 $ 839,636 $ 822,2�4 $ 804,720 $ 787,152 $ 769,512 $ 751.798 $ ]34,011 $ ]i6,149 5 696,213 S 680,202 5 6G2,116 $ 478,955 5 460,030 $ 441.02] $ 42t.944 $ 402,182 $ 383,540 $ 364,218 $ 344,816 $ 325,332 $ 305,�68 $ 286,122 $ 266,394 $ 81,583 $ 61,003 $ 40,33� $ 19,585 mo,00a 100,41] 100,835 101.255 101,6T/ 102.101 102,526 102,953 103,382 103,813 104.246 104,680 295,116 29G,346 29].581 298.821 300,066 301 316 302,5]1 303,632 305,098 3W,369 301,646 308,928 500,2t5 5�2 299 50d,392 506.494 5a8.6:14 5t0,�23 512,851 514,988 51].134 519,289 521,452 523,625 ]15,80] ]18.]89 ]21,]84 ]24,�92 ]2].812 130,844 733,689 �3G.941 an 416 420 422 424 425 42l 429 431 433 434 43G 1.230 1,235 1.240 1,245 1,250 1,255 1.261 1,266 1.2]1 9,2]] �,282 1.28] 2,084 2,093 2.102 2.110 2.119 2.128 2.137 2.146 2.155 2,164 2.113 2.182 2.983 2.995 3,00� 3,020 3,033 3,045 3,058 3,0]1 3,083 3,096 3,109 3.122 3.92] 3,943 3,960 3,9]6 T Hutley 6-8837 wesMitlwayp65ciencemuseum intemal loan repay-0 xls 2l3/2006 o�- �z� SPECIAL FUND AGREEMENT (West Midway TIF/Science Museum Note) Dated as ofJanuary 1, 2006 by and between CITY OF SAINT PAUL, MINNESOTA .�ii�il HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA bt�-12`1 THIS SPECIAL FLTND AGREEMENT ("AgreemenY') is made and entered into by and between the CITY OF SAINT PALTL, MINNESOTA, a home rule charter ciry and municipal corporarion of the State of Minnesota (the "City") and the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINTPALJL, MINNESOTA, apublic body corporate andpolific of the State of Minnesota (the "Authorit}�') as of the 1�` day of January, 2006. WHEREAS: funds: A. The City, acting through its Office of Financial Services, has created the following (1) a special fiznd, designated in the financial records of the City as the Internal Borrowing Fund, City Account #070 ("Fund 070"); and (2) a general fund, designated in the financial records of the City as the General Fund ("General Fund"). B. The Authority has created the following funds: (1) a special fund for the West Midway Tax Increment Financing District designated as Fund 148-76300 ("Fund 148"); and (2) a general fund designated as Fund I 17 ("Fund 117"). C. The Authority staff and legal counsel have concluded that $2,400,000.00 needs to be returned to Ramsey County under Minn Stat 469.176 as excess ta�c increment from the West Midway Tax Increment District ("TIF Obligation'�. D. The City is willing to transfer to the Authority from Fund 070 the sum of $2,400,000.00 which the Authority will use to pay the TIF Obligation on the terms set forth in this Agreement. The City is expecting that Fund 070 will be fully reimbursed far this amount from the following three sources: payments to be made by The Science Museum ofMinnesota ("SM") under the Promissory Note dated March 14, 2000 executed by SM in the original principal amount of $5,000,000.00, as amended by a First Amendment dated December 2Q 2001("SM Note"), the City's share of the tax payment to be distributed by Ramsey County, and advances from the Authority's Loan ("Sources"). E. The City and Authority wish to memorialize their mutuai understanding relating to the receipt of future payments from the SM Note. F. By Resolution No. 06-01/25-� a copy of which is attached hereto, the Authority's Board of Commissioners approved the execution of this Agreement and an amendment to the Authority's budget to allow for the implementation of the financial transactions contained in this Agreement. G. By Resolution No.06- , a copy of which is attached hereto, the City Council of the City approved the execution of this Agreement and an amendment to the City's budget to allow for the implementation of the financial transaction contained in this Agreement. U(�-�2� H. The City and Authority wi sh to enter into this Agreement to provide for their mutual understanding of the transaction involving the payment of the TIF' Obligation and the distribution of future payments made under the SM Note. NOW THEREFORE, in consideration of the mutual promises and agreements herein contained, the receipt and sufficiency ofwhich consideration is hereby mutually acknowledged, the City and the Authority agree as follows: meanings: Definitions. As used in tlus Agreement, the following terms shall have the following (a) "Loan" means the principal sum of $86Q000.00 which the Authority has agreed to loan to City under this Agreement. 2. SM Note. (a) The City and Authority acknowledge that there remains outstanding on the SM Note the principal sum of $4,028,000.00, that SM makes monthly payments of $20,833.00 each, and that the City is the holder of the SM Note. (b) Effective January 1, 2006 all monthly payments made by SM shall be remitted to the City to be deposited into Fund 070 until such time as the City has been repaid the sum of $2,400,000.00 plus interest charged at pool rate from the Sources, whereupon monthly payments of $20,833.00 shall be dishibuted as follows: $7,290.00 to the Authority to be deposited in Fund 117, and $13,543A0 to the City to be deposited in the General Fund. Provided however if SM fails to make the entire required monthly payment then the Authority shall receive the first proceeds of the monthly payment until it receives its entire payment of $7,290.00 and the balance shall be paid to the City. (c) The SM Note shail not be amended, forgiven or otherwise changed by the City without the prior written consent of the Authority. 3. Transfer of funds bv City to Authority. Promptly upon execution ofthis Agreement, the City agrees to transfer to the Authority from Fund 070 the sum of $2,400,000.00 which the Authority agrees to deposit into Fund 117. These funds will then be promptly transferred by the Authority to Fund 148 and the Authority will then promptly pay the TIF Obligation to Ramsey County from the funds deposited in Fund 148. The City and Authority acknowledge that Ramsey County will be distributing this payment among the taxing jurisdictions consisting of Ramsey County, School District and the City, and that the City's share is projected to be approximately $672,000.00. The City agrees to apply this payment from Ramsey Countyto the repayment of the Fund 070 transfer of $2,400,000.00. 4. Authority Loan to Citv. (a) The Authority agrees make the Loan to the City and to make advances to the City as follows: 2 C�t�� t'LZ Amount Date $100,000.00 August 1, 2006 $190,000.00 August 1, 2007 $190,000.00 August 1, 2008 $190,000.00 August 1, 2009 $190,000.00 August 1, 2010 $860,000.00 (b) The parties agree that $25,000 of each advance shall be deposited into the City's General Fund, and the balance of each advance shall be deposited into the City's Fund 070 and applied to the repayment of the Fund 070 transfer of $2,400,000.00. (c) The Loan shall be repaid by the City, together with interest at the rate of five (5 %) per annum, solely from the payments made by the SM under the SM Note in the amount set forth in 5ection 2(b) above after Fund 070 has been fixlly reimbursed the sum of $2,400,000 plus interest charged at pool rate. This is a non recourse obligation of the City and does not give rise to a pecuniary liability (other than from pledged payments made under the SM Note) or general obligation ofthe City. Repayments shall first be applied to interest and then to principal. (d) The City hereby grants to the Authority a security interest in the SM Note to secure the payment of the City's obligations in this Agreement. If the City defaults under its obligations in this Agreement, the Authority may exercise and enforce all of the rights and remedies available to a secured party under the Uniforxn Commercial Code as adopted in Minnesota and as otherwise provided by law and equity. 5. General Terms. (a) This Agreement shall be construed in accordance with the laws of Minnesota. (b) This Agreement may not be amended or modified except by a writing executed by both of the parties hereto. (c) Each of the parties has duly authorized the execution and delivery ofthis Agreement by a resolution duly and properly adopted by its governing body; the implementation of this Agreement will not contravene or violate any law, rule, regulation, order or decision binding upon such party, nor will the performance of this Agreement cause such party to violate or default under any agreement, contract, indenture or other instrument to which it is a party, the violation of which would cause a material impairment of such party's ability to perform this Agreement. (d) This Agreement may be executed in one or more counterparts, each of which shall. be deemed an original instrument. C(, -121 (e) If any provision of this Agreement shall be held invalid or unenforceable by a cour[ of competent jurisdiction, all of the surviving provisions hereof shall confinue in full force and effect. (fl This Agreement constitutes the entire agreement of the parties and shail supersede and replace anypriorresolution, agreement orotherunderstanding with respect to the subject hereof. IN WITNESS WHEREOF, the City and the Authority have each caused this Agreement to be executed by their duly authorized officers, all as of the day and year first above written. CITY OF SAINT PAUL, MINNESOTA Approved as to form: � By Its: Mayor Assistant City Attorney By Its: Clerk I� Director, Office ofFinancial Services Approved as to form: Assistant City Attomey HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA � Executive Director Director, Office of Financial Services