HomeMy WebLinkAbout07-03 - ADMIN Resolution - Economic Development Authority - 2007/03/05EDA RESOLUTION NO. 07-03
RESOLUTION APPROVING AN AMENDMENT OF THE
ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY TAXABLE TAX INCREMENT REVENUE
NOTE (HOIGAARD VILLAGE PROJECT), SERIES 2006A
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners
('Board") of the St. Louis Park Economic Development Authority, St. Louis Park, Minnesota
(the "Authority"), as follows:
Section 1. Recitals.
1.01. The Authority currently administers Redevelopment Project No. 1 (the "Project'),
pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act') within an area
located in the City, and has approved a modified Tax Increment Financing Plan for the Elmwood
Village Tax Increment Financing District pursuant to Minnesota Statutes, Sections 469.174 to
469.179, made up of the area to be developed by the Redeveloper and certain other property within
the Project.
1.02. The Authority and Redeveloper executed a certain Contract for Private
Redevelopment, dated as of March 6, 2006, as amended by a First Amendment thereto dated as of
July 10, 2006 and a Second Amendment thereto dated as of March 5, 2007 (the "Agreement"),
whereunder the Authority agreed to issue certain tax increment revenue notes in order to finance
certain costs incurred by the Redeveloper in connection with the development of minimum
improvements to the Redevelopment Property.
1.03. Pursuant to the Agreement and Resolution No. 06-20 of the Authority, the
Authority issued its $1,663,000 St. Louis Park Economic Development Authority Taxable Tax
Increment Revenue Note (Hoigaard Village Project), Series 2006A dated August 30, 2006 (the
"Series 2006A Note"). The Series 2006A Note was issued to Dougherty Funding, LLC, which is
now the Registered Owner thereof.
1.04. Due to delays in construction of the minimum improvements for which the Public
Redevelopment Costs are to be incurred, the parties desire to modify Section I (e) of the Series
2006A Note to read as follows:
(e) If the entire principal amount of the Note has not been advanced under paragraphs
(a) through (d) above by October 1, 2006, any balance will on that date be advanced for
deposit in an escrow account held by an escrow agent selected jointly by the Authority
and Registered Owner, and disbursed to Redeveloper from time to time in accordance
with the terms of Section 7.3(c)(iii) of the Agreement. Any amounts so deposited in
escrow that are not disbursed to Redeveloper by February 28, 2008 will on that date be
transferred to the Debt Service Fund.
EDA Resolution No. 07-03 -2-
Section 2. Amendment of Series 2006A Note Approved.
2.01. The Authority hereby approves amendment of the Series 2006A Note as provided
herein, and authorizes delivery to the Registered Owner of a substitute Series 2006A Note,
amended as described in this resolution, upon receipt of (a) the original Series 2006A Note from
the Registered Owner, and (b) written consent to delivery of such amended Series 2006A Note
e ec d by the Registered Owner and each participant in ownership thereof.
viewe for Administration: Adopted by the Economic Development Authority
March 5, 2007
President
Attest
>
Secretary