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HomeMy WebLinkAbout2015-009 EDARCommissioner Dan Ryan introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 20 15-09 RESOLUTION AUTHORIZING EXECUTION OF TAX INCREMENT PLEDGE AGREEMENT A.WHEREAS, the Brooklyn Center Economic Development Authority, Minnesota ("EDA") has heretofore established its Tax Increment Financing District No. 3 (the "TIF District") within its Housing Development and Redevelopment Project No. 1; and B.WHEREAS, the City Council of the City of Brooklyn Center, Minnesota (the "City") has adopted a resolution awarding the sale of the City's Taxable General Obligation Tax Increment Bonds, Series 2015B (the "Bonds") to refund the City's Taxable General Obligation Tax Increment Bonds, Series 2004D which provided funds to finance certain public redevelopment costs within the TIF District (the "Project"). C. WHEREAS, it is necessary and desirable that the City and the EDA enter into a tax increment pledge agreement pursuant to which the Tax Increments derived from the TIF District will be pledged to the Bonds. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Brooklyn Center Economic Development Authority, as follows: 1.Authorization to Execute. The Tax Increment Pledge Agreement, a form of which agreement is now on file in the office of the EDA, is hereby approved in substantially the form submitted to the EDA. The President and Secretary are authorized and directed to execute the same on behalf of the EDA. 2.Filing. The Secretary is directed to file a fully executed copy of the Tax Increment Pledge Agreement with the County Auditor of Hennepin County pursuant to Minnesota Statutes, Section 469.178, Subdivision 2. 8,2015 Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lin Myszkowski and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. EDA RESOLUTION NO. 2015-09 STATE OF MINNESOTA COUNTY OF HENNEPIN BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY I, the undersigned, being the duly qualified and acting Secretary of the Brooklyn Center Economic Development Authority, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a meeting of the Board of Commissioners of said EDA held on the date indicated therein with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to a resolution authorizing execution of a Tax Increment Pledge Agreement. WITNESS my hand as Secretary this _____ day of , 2015. Secretary EDA RESOLUTION NO. 2015-09 TAX INCREMENT PLEDGE AGREEMENT THIS AGREEMENT, entered into as of the 9th day of July, 2015, by and between the City of Brooklyn Center, a Minnesota municipal corporation, (the "City") and the Brooklyn Center Economic Development Authority, a public body corporate and politic created and existing under the provisions of Minnesota Statutes, Sections 469.090 to 469.1082, (the "EDA"), witnesseth that: A.WHEREAS, the EDA has heretofore established its Tax Increment Financing District No. 3 (the "TIF District") within its Housing Development and Redevelopment Project No. 1; and B.WHEREAS, the City Council of the City has adopted a resolution (the "Bond Resolution") awarding the sale of the City's Taxable General Obligation Tax Increment Refunding Bonds, Series 2015B (the "Bonds") to refund the City's Taxable General Obligation Tax Increment Bonds, Series 2004D which provided funds to finance the acquisition, demolition, clearance and site preparation in target redevelopment areas within the EDA' s TIF District (the "Project"); and C.WHEREAS, the Project benefited the EDA and were made by the City at the request of the EDA; and D.WHEREAS, it is necessary and desirable that the City and the EDA enter into a tax increment pledge agreement pursuant to which a portion of the Tax Increments will be pledged to the Bonds. NOW, THEREFORE, the City and the EDA, each in consideration of the mutual covenants and agreements herein contained, covenant and agree as follows: 1.Pledge of Tax Increments; Coverage Test. The EDA pledges to the payment of the Bonds, Tax Increments in an amount equal to 105% of the debt service on the Bonds. 2.Remittance; Segregation; Reservation of Rights. All pledged tax increments shall be remitted directly to the City and the City, acting as agent of the EDA, shall segregate all tax increments so received in a special account on its official books and records. The EDA reserves the right to alter the pledge of tax increments as set forth in the Resolution. 3. Filing; Computation and Collection. An executed copy of this Agreement shall be filed with the County Auditor of Hennepin County and shall constitute the request and authorization of the EDA and the City to the County Auditor and Treasurer to compute and collect the Tax Increments in accordance with the provisions of this Agreement and Minnesota Statutes, Section 469.177 and to remit the same to the EDA. EDA RESOLUTION NO. 2015-09 IN WITNESS WHEREOF, the City and the EDA have caused this Agreement to be duly executed on their behalf, and such signatures and seal to be attested, as of the day and year first above written. CITY OF BROOKLYN CENTER, MINNESOTA By Mayor By 2 461444v1 JSB BR291-356 EDA RESOLUTION NO. 2015-09 BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY By President By_ J Secretary 461444v1 JSB BR291-356