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HomeMy WebLinkAbout1986-082 CCRMember Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION NO. 86 -82 RESOLUTION APPROVING AGREEMENT AND AUTHORIZING EXECUTION BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The document entitled: "Agreement Regarding Construction of and Payment for Certain Public Improvements" (Agreement) a copy of which is attached hereto as Exhibit A is hereby approved. 2. The Mayor and City Manager are hereby authorized to execute the Agreement on behalf of the City. May 19, 1986 Date Mayo ATTEST: ._�11�kl' Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 86 -82 AGREEMENT REGARDING CONSTRUCTION OF AND PAYMENT FOR CERTAIN PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into as of this 19th day of May, 1986 by and between the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation (City) and the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, a body corporate and politic under the laws of, the State of Minne- sota (HRA). WITNESSETH: WHEREAS, the HRA has duly approved a Redevelopment Plan and Tax Increment Financing District (TIF District) described in that certain document entitled "Earle Brown Farm Redevelopment and Tax Increment Financing Plan (Project), City of Brooklyn Center, Minnesota, July 22 01 1985 and has by appropriate action established the TIF District and applied to the City Council of the City of Brooklyn Center for approval of the Project and the related Tax Increment Financing Plan (Plan); and WHEREAS, the City has by resolution duly approved the Project, the Plan and the TIF District; and WHEREAS, the Project provides for the construction of certain public improvements (Public Improvements) to be con- structed and financed by the proceeds of the TIF Bonds; and WHEREAS, the City has caused plans and specifications for the construction of such Public Improvements to be prepared and has prepared estimates for the cost of construction of such Public Improvements; and RESOLUTION NO. 86 -82 WHEREAS, the HRA has reviewed the plans and specifications and finds them to be consistent with the Project and for the accomplishment of the purposes and objectives for which the Project has been undertaken; and WHEREAS, the HRA has reviewed the estimated costs for the construction of such Public Improvements, and finds the same to be capable of being financed through the proceeds of the TIF Bonds; and WHEREAS, the City is willing to proceed with the construc- tion of the Public Improvements provided that the HRA agrees and consents to fund the cost of such Public Improvements through the TIF Bond proceeds. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties hereby stipulate and agree as follows: 1. The City agrees to proceed to award the. contract for construction of the Public Improvements to the lowest responsible bidder on the same basis and subject to all terms, conditions and requirements as are usual and customary in the City's contracting for the construction of Public Improvements. 2. At such times as the City shall approve the payment (or payments) from its contractor for work done in connection with the construction of the Public Improvements, the HRA shall, upon written request of the City, and upon verification of the request for payment, pay over to the City amounts equal to such verified requests for payment; provided, however, that the HRA shall not be required to pay over to the City any amounts in excess of the 2 RESOLUTION NO. 86 -82 n i estimated costs (Excess Amounts) unless the HRA shall subse- quently determine such Excess Amounts to be (i) reasonable and necessary to complete the Public Improvements, and (ii) capable of being financed by the portion of the TIF Bond proceeds allo- cated to the construction of Public Improvements. IN TESTIMONY WHEREOF, the parties hereto have set their L hands as of the day and year first above written. CITY OF BROOKLYN CENTER By/, Its Mayor y By 4ts City anager HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER Its By 'Its I W 4'Director 0007AAO1.E14 3