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HomeMy WebLinkAbout1995-001 HRARCommissioner Barb Kalligher introduced the following resolution and moved its adoption: HM RESOLUTION NO. 95-01 RESOLUTION ACCEPTING STIPULATION TO AMEND ASSESSMENT AGREEMENT ON EARLE BROWN COMMONS WHEREAS, the Housing and Redevelopment Authority in and for the City of Brooklyn Center (the "HRA") and Earle Brown Commons Limited Partnership ("EBCLP I"), entered into an agreement denominated Assessment Agreement and Certification of Assessor on September 1, 1986 (the "Assessment Agreement"), and the Assessment Agreement was entered into in relation to a tax increment financing of the redevelopment of certain real property located in the Earle Brown Redevelopment District in the City of Brooklyn Center; and WHEREAS, a dispute has arisen between Earle Brown Limited Partnership II (the successor to EBCLP I) (the "Debtor") and the HRA; and WHEREAS, the Debtor is the debtor in bankruptcy case no. 4-94-41148, now pending in the United States Bankruptcy Court, District of Minnesota (the "Bankruptcy Case"); and WHEREAS, the HRA and the Debtor have determined that it is in each of their best interests to resolve this dispute amicably in order to avoid the expense of litigation and the uncertainty attendant thereto through entering into the "Stipulation Among the Debtor, the City of Brooklyn Center, the Housing and Redevelopment Authority in and for the City of Brooklyn Center, Hennepin County Assessor, Hennepin County, and Independent School District Number 286" dated as of January 4, 1995, and to be filed in the Bankruptcy Case. NOW, THEREFORE, BE IT RESOLVED by the HRA as follows: The HRA declares that it approves that certain "Stipulation Among the Debtor, the City of Brooklyn Center, the Housing and Redevelopment Authority in and for the City of Brooklyn Center, Hennepin County Assessor, Hennepin County, and Independent School District Number 286" dated as of January 4, 1995; that the HRA is authorized to enter into and perform pursuant to its terms; and that its Chair is authorized to appear and execute such Stipulation and the documents referenced therein on behalf of the HRA. January 9, 1995 Date U dair HRA RESOLUTION NO. 95-01 The motion for the adoption of the foregoing resolution was duly seconded by commissioner Kristen Mann and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Barb Kalligher, Kristen Mann, Debra Hilstrom, and Kathleen Carmody; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1