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10-541S Council File # l�' �✓'f � Green Sheet # 3111936 RESOLUTION �INT Pn4iJL. MINNESOTA Presented by: 1 2 3 RESOLUTION CONSENTIIVG TO 4 TERMINATION OF ASSESSMENT AGREEMEA'TS � 6 WHEREAS, the Housing and Redevelopment Authority of the City of Saint Paul, 7 Minnesota (the "Authority") has heretofore entered into two sepazate assessment agreements 8 with Emerald Park LLC, a Minnesota limited liability company, and an assessment agreement 9 with Emerald Street LLC, a Minnesota limited liability company (collecrively, the "Developers") 10 dated February 26, 2003, February 24, 2005 and June 20, 2005 (collectively, the "Assessment 11 Agreements"); 12 WHEREAS, the Assessment Agreements were entered into in connection with certain 13 pay-as-you-go tax increment notes issued by the Authority to the Developers in connection with 14 three owner occupied housing developments; 15 WHEREAS, the Authority agreed to issue refunding bonds to refund the pay-as-you-go 16 notes upon completion and sale of the owner occupied housing units, and to terminate the 17 Assessment Agreements, if necessary, for the Authority to issue the refunding bonds as tax 18 exempt obligarions; 19 WHEREAS, the Authority has been advised by bond counsel that it is necessary to 20 terminate the Assessment Agreements in order to issue the refunding bonds as exempt 21 obligations; 22 23 NOW THREFORE, BE IT RESOLVED by the City Council of the City of Saint Paul, 24 Minnesota (the "City") as follows: 25 Section 1. Pursuant to Minnesota Statutes 469.177 Subdivision 8, the City hereby 26 consents to the termination of the Assessments Agreements. 27 Section 2. The staff of the City and the Authority are authorized to take any and all 28 actions necessary to terminate the Assessment Agreements at the appropriate time. 365774v3 MMD SA730-105 �0-541 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � FS _ Financial Services Contact Pereon ffi Phone: Bob Geurs 266-8837 Must Be on Council 26-MAY-10 i Doc. Type: RESOLUTION uace �nmaceu. ` 19MAY2010 I Green Sheet NO: � Assign by (Date): Num6er :�� For Roufing Order E-Document Required: Y Document Contact: Bob Geurs Contact Phone: 266-8837 7otal # of Signature Pages _(Clip All Locations for Signature) 0 1 2 3 a 5 111936 � � � City Council resolution to consent to termination of Assesment Agreemtns for Emerald Gardens and Metro Projects. HRA previously apporved this action in Res 10-05/12-3. Recommendations: Approve (A) or Reject (R)� Planning Commission GB Committee Crvil Service Commission Perso�al Service Contracts Must Answer the Following Questionr. 1. Has this person/firm ever worked under a contract for this department? Yes No 2, Has this person/frm ever been a ciry employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any cuven[ city empfoyee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Bond Counsel - Kennedy & Graven has required fot FiRA To issue tas exempt TIF Refunding Bonds that the Assesment Agreements be tetminated by 7uly 1, 2010. Advantages If Approved: , HRA TIF Refunding Bonds can be issued to retire 3 TIF pay- GO notes Disadvantages If Approved: None known Disadvantages If Not Approved: ARA canno[ complete TIF Refunding bond issuance in Emetald Gardens/Mehom Projects Total Amount of Trensaction: Funding Source: Financial Information: (Explain) E GosURevenue Budgeted: Activity Number: ��`�"����� ��� � u �.��� May 19, 2010 10:05 AM Page 1 S Council File # l�' �✓'f � Green Sheet # 3111936 RESOLUTION �INT Pn4iJL. MINNESOTA Presented by: 1 2 3 RESOLUTION CONSENTIIVG TO 4 TERMINATION OF ASSESSMENT AGREEMEA'TS � 6 WHEREAS, the Housing and Redevelopment Authority of the City of Saint Paul, 7 Minnesota (the "Authority") has heretofore entered into two sepazate assessment agreements 8 with Emerald Park LLC, a Minnesota limited liability company, and an assessment agreement 9 with Emerald Street LLC, a Minnesota limited liability company (collecrively, the "Developers") 10 dated February 26, 2003, February 24, 2005 and June 20, 2005 (collectively, the "Assessment 11 Agreements"); 12 WHEREAS, the Assessment Agreements were entered into in connection with certain 13 pay-as-you-go tax increment notes issued by the Authority to the Developers in connection with 14 three owner occupied housing developments; 15 WHEREAS, the Authority agreed to issue refunding bonds to refund the pay-as-you-go 16 notes upon completion and sale of the owner occupied housing units, and to terminate the 17 Assessment Agreements, if necessary, for the Authority to issue the refunding bonds as tax 18 exempt obligarions; 19 WHEREAS, the Authority has been advised by bond counsel that it is necessary to 20 terminate the Assessment Agreements in order to issue the refunding bonds as exempt 21 obligations; 22 23 NOW THREFORE, BE IT RESOLVED by the City Council of the City of Saint Paul, 24 Minnesota (the "City") as follows: 25 Section 1. Pursuant to Minnesota Statutes 469.177 Subdivision 8, the City hereby 26 consents to the termination of the Assessments Agreements. 27 Section 2. The staff of the City and the Authority are authorized to take any and all 28 actions necessary to terminate the Assessment Agreements at the appropriate time. 365774v3 MMD SA730-105 �0-541 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � FS _ Financial Services Contact Pereon ffi Phone: Bob Geurs 266-8837 Must Be on Council 26-MAY-10 i Doc. Type: RESOLUTION uace �nmaceu. ` 19MAY2010 I Green Sheet NO: � Assign by (Date): Num6er :�� For Roufing Order E-Document Required: Y Document Contact: Bob Geurs Contact Phone: 266-8837 7otal # of Signature Pages _(Clip All Locations for Signature) 0 1 2 3 a 5 111936 � � � City Council resolution to consent to termination of Assesment Agreemtns for Emerald Gardens and Metro Projects. HRA previously apporved this action in Res 10-05/12-3. Recommendations: Approve (A) or Reject (R)� Planning Commission GB Committee Crvil Service Commission Perso�al Service Contracts Must Answer the Following Questionr. 1. Has this person/firm ever worked under a contract for this department? Yes No 2, Has this person/frm ever been a ciry employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any cuven[ city empfoyee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Bond Counsel - Kennedy & Graven has required fot FiRA To issue tas exempt TIF Refunding Bonds that the Assesment Agreements be tetminated by 7uly 1, 2010. Advantages If Approved: , HRA TIF Refunding Bonds can be issued to retire 3 TIF pay- GO notes Disadvantages If Approved: None known Disadvantages If Not Approved: ARA canno[ complete TIF Refunding bond issuance in Emetald Gardens/Mehom Projects Total Amount of Trensaction: Funding Source: Financial Information: (Explain) E GosURevenue Budgeted: Activity Number: ��`�"����� ��� � u �.��� May 19, 2010 10:05 AM Page 1