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1979 RES HRA RESOLUTION RELATING TO $125,000 GENERAL OBLIGATION DEVELOPMENT BONDS OF THE NEW HOPE HRA; AUTHORIZING THE SALE THEREOF BE IT RESOLVED by the Housing and Redevelopment Authority of the City of New Hope, Minnesota, as follows: Pursuant to the provisions of Minnesota Statutes, Sections §§ 462.581 and 462. 581, and Chapter 475, the Housing and Redevelopment Authority of the City of New Hope does hereby request that the City Council of the City of New Hope authorize the issuance and sale of an issue of general obligation Redevelopment Bonds (hereinafter, the Bonds) of the City in the principal amount of up to $125,000 for the purpose of providing funds for the payment of the public re- development costs needed for the redevelopment of a Project Area designated as Project 1, Plan I, all in accordance with a redevelopment plan of the Housing and Redevelopment Authority in and for the City of New Hope. The HRA finds that the assistance of the City is needed to complete the Project, for the orderly and economic development of the City and for the development of additional real estate tax base. Adopted by the Housing and Redevelopment Authority of the City of New Hope this 9th day of April, 1979. Attest:. W .w Peter~ ~n~k, S~cretary BY-LAWS OF NEW HOPE 'HOUSING AND REDEVELOPMENT AUTHORITY 1. OFFICERS. The Housing and Redevelopment Authority shall elect a Chairman, a Vice Chairman, and a Secretary-Treasurer from among the commissioners of the Housing and Redevelopment Authority for each calendar year, and officers so elected shall serve until their successors are elected and duly qualified. 2. .SE. AL. The Housing and Redevelopment Authority shall have a seal which shall be judicially noticed. 3. CONTRACTS. Every contract, conveyance, or other written instruments shall be executed on behalf of the Housing and Redevelopment Authority by the Chairman, the Executive Director, and the Secretary, with' the corporate seal affixed, but only pursuant to authority from the Housing and Redevelopment Authority. 4. REGULAR MEETINGS. Regular meetings shall be held at 6:50 p.m. on the 2nd Monday of January of each year, commencing in 1979, and on such additional dates as shall be designated by the Authority by resolution. 5. SPECIAL MEETINGS. Special meetings may be called by the Chair- man or by any two commissioners by writing filed with the Clerk who shall then mail a notice to all the members of the time and place of meeting at least one day before the meeting. The Chairman or, in his absence, the Vice Chairman shall preside at all meetings. Ail meetings of the Housing and Redevelopment Authority shall be open to the public. The Housing and Re- development Authority shall preserve order at its meetings, compel the attendance of members and punish non-attendance, and shall be the judge of the election and qualification of its members. 5. DIRECTOR. The Housing and Redevelopment Authority shall annually appoint an Executive Director, who shall serve at the pleasure of the Housing and Redevelopment Authority. 6. LEGAL COUNSEL. The Housing and Redevelopment Authority shall annually appoint legal counsel, to serve at the pleasure of the Housing and Redevelopment Authority. 7. QUORUM. A majority of the Housing and Redevelopment Authority - shall constitute a quorum for all purposes. 8. MEETING PROCEDURE. Robent's Rules of Order shall govern ~11 proceedings of the Housing and Redevelopment Authority. 9. MILEAGE. Reimbursement for mileage expenses shall 'be as deter- mined periodically by the Housing and Redevelopment Authority. Dated the ].4th day of :~ May,---1979 ./' ATTEST: Secretary Chairman May 1i, 1979 TO: FROM: SUBJECT: HRA Harlyn G. Larson Special Meeting at 6:30 p.m. Monday Please accept this as notice for a special meeting of the HRA and the assumption that Mr. Erickson is calling it. I could not get ahold of him as I write this, but assume he will agree with the need. The development at 42nd~Gettysburg is running into some real problems because of the soil conditions. As they complete the tests the condition becomes worse and worse. From a fairly good plat that combined the Gordon property, they are now back to a reduced plat that excludes the Gordon property. The change is to avoid the soil prob- lems, but even with the change I understand they will be asking for some $31,0~0 more in the tax increment portion to make the plat work. In any case, the developers want to outline the problems to you to see if there is any interest in continuing and to what extent the Council will commit to additional concessions. Mr. Corrick will also outline the changes that would be needed in the purchase contract if the new proposal is acceptable. Please note the comments from the Planning Commission meeting. The Commission felt very strongly that all standard platting and zoning requirements should be ap- plied. Also attached is a copy of the By-Laws drafted as a re- sult of the first HRA meeting. These should be accepted for th7 record Citg Manager COOPERATION AGREEMENT This Agreement entered into this 29th day of May, 1979, bR and between New Hope Housing and Redevelopment Authority (herein called the "Local Authority") and City of New Hope, Minnesota (herein called the "Municipality"), witnesseth: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any Iow-rent housing here- after developed or acquired ~y the Local Authority with financial assistance of the United States of America act- lng through the Secretary of Housing and Urban Development (herein called the "Government"); excluding, however, any iow-rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and the Government, or its predecessor agencies, prior to the date of this Agreement. The term "Taxing Body: shall mean the State or any politi- cal subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non- dwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and nondwelling utilities. (~) The term "Slum" shall mean any area where dwellings pre- dominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor (a) to secure a contract, or contracts with the Government for loans and annual contributions covering one or more Projects comprising approximately 92 units of low-rent housing and (b) to develop or acquire and administer such Project or Projects, each of which shall be located within the corporate limits of the Municipality. The obligations of the parties hereto shall aBply to each such Project. 3. (a) Under the constitution and statutes of the State of Minnesota all projects are exempt from all real and personal property taxes levied or imposed by any Taxing Body. With respect to any project, so long as either (i) such Project is owned by a public body or governmental agency and is used for iow-rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project re- mains in force and effect, or (iii) any bonds issued in con- nection with such Project remain unpaid, whichever period mo ~a) is the longest, the Municipality agrees that it will not levy or impose any real or personal property taxes upon such Pro- ject or upon the Local Authority with respect thereto. During s~ch period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and in payment for the public services and facilities furnished from time to time without other cost or charge for or with respect to such Project. (b) Each s~ch annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal to either (i) ten percent ~0%) of the Shelter Rent actually collected but in no event to exceed ten percent (10%) of the Shelter Rent charged by the Local Authority in respect to such Project during such fis- cal year, or (ii) the amount permitted to be paid by applica- ble State Law in effect on.the date such payment is made, whichever amount is the lower. (c)' The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Tax- ing Body for such year if the Project were not exempt from taxation bears to the total real property taxes which would have been [aid to all of the Taxing Bodies for such year if the Project were not exempt from taxation; Provided, however, that no payment for any year shall be made to any Taxing Body in excess of the amount of the real. property taxes which would 'have been paid to such Taxing Body for such year if the Project were not exempt from taxation. ~) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest.or pen- alties accrue or attach on account thereof. 5. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connec- tion with such Project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the ~enants of such Project (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tehants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge 'to other dwellings and inhabitants in the Municipality: Vacate such streets, roads and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Local Authority such interest as the Municipality may have in such vacated areas; and, in so far as it is lawfully able to do so without cost or expense to the Local Authority or to the Municipality, cause to be removed from such vacated areas, in so far as it may be necessary, all public or private utility lines and equipment; In so far as the Municipality may lawfully do so, (i) 'grant such deviations from the building code of the Mumicipality as are reasonable and necessary to promote economy and efficiency in 'the development and administra- tion of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zon- ing of the site and surrounding territor~ of such Project as are reasonable and necessary for' the development and protection, of such Project and the surrounding territory; Accept grants of easements necessary for the development of such Project; and Cooperate with the Local Authority by such other lawful action or ways as the Munici~pality and the Local Authority may find~necessary in connection with the development and administration of such project. 6~ In .respect to any Project the Municipality further agrees that within a reasonable time after receipt.of a written request therefore from the Local Authority: (a) 'It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with speci- fications acceptable to the Municipality; It will accept necessary dedications of land for, and will grade, improve, pave and provide sidewalks for, all streets- bounding such Project or necessary to provide adequat~ access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would, be as- sessed against the Project site for such work if such site were privately owned); and It will provide, or cause to be provided, water mains, and storm sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Lo- cal Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned). 7. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Au- thority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to'become due to the Municipality in respect to any Project or any other Iow-rent housing projects owned or operated by the Local Authority. 8. NO cooperation Agreement heretofore entered into between the Muni- oipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 9. No member of the governing body of the Municipality or any other public official of the Municipality who exercises any responsibilities or functions with respect to any Project during h~s tenure or for one year therafter shall have any interest, direct or indirect, in any Project or any · property included or.planned to be included in any project, or any contracts in con~ection with such Projects or property. If any such governing body member or such other public official of the Municipality involuntarily ac- quires or had acquired prior to the beginning o£ his tenure any such'interest, he shall immediately disclose such interest to the Local Authority. 10.~' So long as any contract between the Local Authority and the Government for loans (including preliminary loans) or annual contribu- tions, or both, in connection with any Project remains in force and ef- fect, or as long as any bonds issued in connection with any Project or any monies due to the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified with- out the consent of the Government. The privileges and obligations of the municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of low-rent housing projects. If at any time the bene- ficial title to, or possession of, any Project is held by such other publi.c~ body or governmental agency, including the Government, the provisions here- of shall inure to the benefit of and may be enfokced by~ such other public body or governmental agency, including the Government. IN WITNESS WHEREOF the Municipality and the Local Authorit~ hav~ respectively signed this Agreement and caused their seals to be affixe~ and attested as of the da~ and year first above written. ATTEST: CITY OF NEW HOPE, MINNESOTA F City' ~fian~ger ' NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITI~ / Secretary-Treasurer RESOLUTION AUTHORIZING AND DIRECTING SUBMISSION OF APPLICATION FOR A LOW-RENT HOUSING PROGRAM WHEREAS, the United States Housing Act of 1937 provides that there shall be a local determination of the need for low-rent housing to meet needs not being adequately met by private enterprise; and WHEREAS, under the provisions of the United States Housing Act of 1937, the Secretary of Housing and Urban Development is authorized to provide financial assistance to public housing agencies for low- rent housing; NOW, THEREFORE, BE IT RESOLVED BY THE Members of the New Hope Housing and Redevelopment Authority as follows: 1. That the New Hope Housing and Redevelopment Authority hereby determines that within its area of operation there is a need for low-rent housing to meet needs not adequately met by private enterprise. 2. That the Director of the Housing and Redevelopment Authority shall cause to be prepared and the Chairman shall sign and send to the Secretary of Housing and Urban Development an application for financial assistance for (a) Ninety-two (92) dwelling units of low-rent public housing to be provided by new construc- tion, or by acquisition, or by acquisition and rehabilitation of existing housing and for a preliminary loan in the amount of $ In connection with the development and operation of any pro- gram or activity receiving Federal financial assistance under the United States Housing Act of 1937, regardless of when such program or activity or any portion thereof was or is initially covered by any contract, the New Hope Housing and Redevelop- ment Authority will comply with all requirements imposed by Title VI of the Civil Rights Act of 1964, Public Law 88-352, 78 Stat. 241; the regulations of the Department of Housing and Urban Development issued thereunder, 24 CFR, Subtitle A, Part 1; and the requirements of said Department thereunder. ~airman Executive Dir tor 1 RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW-RENT PUBLIC HOUSING WHEREAS, it is the poliCy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Housing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low- rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enterprise and that the Government shall not make any contract with a public housing agency for prelimi- nary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and WHEREAS, the City of New Hope Housing Authority (herein called the "Local Authority") is a public housing agency and is apply- ing to the Government for a preliminary loan to cover the costs of surveys and planning in connection with the develop- ment of low-rent housing; NOW, THEREFORE, be it resolved by the City Council of the City of New Hope as follows: me me That there exists in the City of New Hope a need for such low-rent housing which is not being met by private enterprise; That the application of the Local Authority to the Go- vernment for a preliminary loan in an amount not to ex- ceed $ 18,400 for surveys and planning in connection with low-rent housing projects of not to exceed approximately 92 dwelling units is hereby approved. ~hairman// ~ AMENDMENT TO PURCHASE AGREEMENT DATED APRIL 9, 1979 The undersigned VILLAGE BUILDERS, INC. and CURRY COMPANY, INC., Joint Venturers, Buyers under that certain Purchase Agreement dated April 9, 1979, and NEW HOPE HRA, Seller, pertaining to premises situated at the Southeast corner of CSAH 9 and 18, in consideration of the mutual covenants contained herein, do hereby modify and amend the said Purchase Agreement of April 9, 1979, in the following manner: 1. The location of the premises as described in general terms on the front page of the contract is hereby changed to "Southeast corner of County State Aid Highways 9 and 18". 2. In paragraph 21 of the Sales Agreement, attached to the above referenced PUrchase Agreement, the figure $28,000 is changed to $59,850. 3. Paragraph 4, DENSITY OF DEVELOPMENT, is modified by the addition of the following wording at the end thereof: "Soil tests have shown that the original density and mix are not feasible. The parties understand and agree that five lots less than proposed above will in all likelihood be all that can be obtained from the parcel of land, and that this reduced number of lots, together with an as yet undetermined change in the mix between single family and two-family units will satisfy the requirements of this paragraph 4, as hereby amended." 4. Paragraph 12 i, HRA PERFORMANCE BOND, is amended to read: "i. Such bond shall be in the principal sum of $131,850." Dated the ltth day of Jtlne, 1979. Edw .z~I~_._. Ericks on Its C~airman By. W. Peter Enck Its Secretary-Treasurer BY~~D~S ictor VILLAGE BUILDERS, INC, Edwin E. Kauffmann// Its President ~' ~ · /(ichard 1~. durry Its President AGREEMENT WHEREAS, the New Hope HRA ("HRA") has entered into an agreement with Village Builders, Inc. and Curry Company, Inc. ("Buyers"), whereby the HRA has agreed to sell approximately 12 acres of land situated on the Southeast corner of CSAH 9 and 18 legally described on the attached Exhibit A, and WHEREAS, the Buyers have requested that they be permitted to enter upon the premises prior to the closing of the purchase for the purpose of grading and earth moving in accordance with an approved preliminary plat, and WHEREAS, the HRA is agreeable to such action, provided it has assurance that (1) there will be no mechanic's liens on the premises as a result of the actions of the Buyers, and (2) if the proposed sale should not take place for any reason, the grades of the land will be restored to a condition comparable to its condition prior to acceptance of the preliminary plat by the New Hope City Council on May 29, 1979. NOW, THEREFORE, in consideration of the mutual agreements contained herein, the parties covenant and warrant as follows: 1. Buyers agree to grade the premises in accordance with the grading plan approved by the New Hope City Engineers. 2. Buyers agree to restore the grades to a condition com- parable to its condition prior to acceptance of the preliminary plat by the New Hope City Council on May 29, 1979, if for any reason the Buyers fail to complete the purchase of the premises in question. 3. The buyers agree to furnish to the HRA an irrevocable letter of credit in the amount of $ 76,000.00 to guarantee the HRA that its grading activities shall not result in any mechanic's liens against the premises. Dated the 6th day of June, 1979. Execut i've Di ~ector NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITY 3~/~rick~on, Its Chairman W. Peter Enck,-~t~s- Secretary Treasurer VILLAGE BUILDERS, INC. 'n E. Kauffma~ ~Its .~ Pre_gsi~nt r ~ / '~ Ri~d C. Kafif/fm It/Vice Pr ~e~ CURRI~ COMPANY, ~ - 2 - EXHIBIT A T~CTA A tract of land lying and being in the County of Hennepin, State of Minnesota, described as follows, to wit: Ail that part of the North Half of the Southwest Quarter of the Northwest Quarter and the South Half of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 21, described as follows: Beginning at a point in the south line of said North Half of the Southwest Quarter of the Northwest Quarter distant 155.02 feet west of the southeast corner thereof; thence North 00 degrees 00 minutes 06 seconds East, parallel with the east line of said North Half (assumed basis for bearings), 384.48 feet; thence northerly on a tangential curve concave to the east (central angle 27 degrees 22 minutes 56 seconds, radius 355.90 feet) 170.09 feet to the south line of the north 7 rods of said North Half; thence North 88 degrees 56 minutes 31 seconds West, along said south line, 54.86 feet, to a point 170 feet west of the east line of said North Half; thence North 01 degree 03 minutes 29 seconds East, 30.00 feet; thence South 88 degrees 56 minutes 31 seconds East, 36.75 feet; thence northeasterly on a curve concave to the southeast (central ~ngle 01 degrees 12 minutes 17 seconds and radius 385.90 feet, chord bearing North 30 degrees 47 minutes 15 seconds East) 8.11 feet, to the point of beginning of the tract herein described; thence North 88 degrees 56 minutes 31 seconds West, 246.00 feet; thence North 01 degrees 03 minutes 29 seconds East, 197.86 feet, to the south- easterly right-of-way line of Hennepin County State Aid Highway No. 18, according to recorded highway plat no. 32; thence easterly along said right-of- way line and southerly along the westerly line of property acquired by the County of Hennepin as described in warranty deed document no. 3802514 to the point of beginning. TRACT B A tract of land lying and being in the County of Hennepin, State of Minnesota, described as follows, to wit: Ail that part of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter and the South Half of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 21, described as follows: Beginning at a point in the south line of said North Half of the Southwest Quarter of the Northwest Quarter distant 155.02 feet west of the southeast corner thereof; thence North 00 degrees 00 minutes 06 seconds East, parallel with the east line of said North Half (assumed basis for bearings), 384.48 feet; thence northerly on a tangential curve concave to the east, (central angle 27 degrees 22 minutes 56 seconds, radius 355.90 feet) 170.09 feet to the south line of the north 7 rods of said North Half; thence North 88 degrees 56 minutes 31 seconds west along said south line, 54.86 feet, to a point 170 feet west of the east line of said North Half; thence North 01 degrees 03 minutes 29 seconds East, 30.00 feet; thence South 88 degrees 56 minutes 31 seconds East, 36.75 feet; thence northeasterly on a curve concave to the southeast (central angle 01 degrees 12 minutes 17 seconds and radius 385.90 feet, chord bearing North 30 degrees 47 minutes 15 seconds East) 8.11 feet; thence North 88 degrees 56 minutes 31 seconds West, 246.00 feet; thence North 01 degrees 03 minutes 29 seconds East, 197.86 feet, to the southerly right-of-way line of Hennepin County Road State Aid Highway No. 18, according to recorded highway plat No. 32; thence southwesterly along said right-of-way line to the north line of Gordon's Lakeview Terrace, according to the recorded plat thereof; thence South 88 degrees 51 minutes 25 seconds East, along said north line 371.95 feet; thence South along the east line of said Gordon's Lakeview Terrace, 143.30 feet; thence South 88 degrees 59 minutes 04 seconds East, along the north line of said Gordon's Lakeview Terrace, 512.03 feet to the point of beginning. TRACT A A tract of land lying and being in the County of Hennepin, State of Minnesota, described as follows, to wit: All that part of the North Half of the Southwest Quarter of the Northwest Quarter and the South Half of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 21, described as follows: Beginning at a point in the south line of said North Half of the Southwest Quarter of the Northwest Quarter distant 155.02 feet west of the southeast corner thereof; thence North 00 degrees 00 minutes 06 seconds East, parallel with the east line of said North Half (assumed basis for bearings), 384.48 feet; thence northerly on a tangential curve concave to the east (central angle 27 degrees 22 minutes 56 seconds, radius 355.90 feet) 170.09 feet to the south line of the north 7 rods of said North Half; thence North 88 degrees 56 minutes 31 seconds West, along said south line, 54.86 feet, to a point 170 feet west of the east line of said North Half; thence North 01 degree 03 minutes 29 seconds East, 30.00 feet; thence South 88 degrees 56 minutes 31 seconds East, 36.75 feet; thence northeasterly on a curve concave to the southeast (central angle 01 degrees 12 minutes 17 seconds and radius 385.90 feet, chord bearing North 30 degrees 47 minutes 15 seconds East) 8.11 feet, to the point of beginning of the tract herein described; thence North 88 degrees 56 minutes 31 seconds West, 246.00 feet; thence North 01 degrees 03 minutes 29 seconds East, 197.86 feet, to the south- easterly right-of-way line of Hennepin County State Aid Highway No. 18, according to recorded highway plat no. 32; thence easterly along said right-of- way line and southerly along the westerly line of property acquired by the County of Hennepin as described in warranty deed document no. 3802514 to the point of beginning. RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR PROJECT 1, PLAN I, NEW HOPE HRA WHEREAS, the New Hope HRA did on December 26, 1978 approve a housing project identified as Project I of Plan I of the New Hope Housing and Redevelopment Authority pursuant to the provisions of Minnesota Statute § 462, and WHEREAS, the New Hope City Council approved said Plan at a public hearing held February 12, 1979, and WHEREAS, construction of this project will require the use of certain private lands for the construction of one and two family residences (see Exhibit A, attached and incorporated hereby by this reference for legal descriptions), and WHEREAS, said Project i of Plan I is a "redevelopment project" within the meaning of Minnesota Statutes § 462.421, Subd. (13), and 462~445, Subd. (6) in that it will prevent blighting factors and make the land useful and valuable for contributing to the public health, safety and welfare, and the acquisition of the land is necessary to carry out the redevelopment plan, and WHEREAS, the New Hope HRA has not acquired fee title and the right to use such property on a voluntary basis, and WHEREAS, it is in the public interest that such lands be acquired by the New Hope HRA at the earliest possible time in order to facilitate construction of Project i of Plan I of the New Hope HRA, and subsequent protection of the public health, safety and welfare, and WHEREAS, the New Hope HRA is authorized by the provisions of Minnesota Statutes § 462.445 and 117 to acquire said premises under the right of eminent domain, NOW, THEREFORE, BE IT RESOLVED that the New Hope HRA proceed to acquire title to the property described in the attached Exhibit A, under its right of eminent domain, and the attorney for the Authority be and hereby is instructed and directed to file the necessary papers therefor and to prosecute such action to a successful conclusion until it is abandoned, dismissed or terminated by the HRA or the Court; that the HRA Attorney, the Chairman, the Executive Director, and the Clerk do all things necessary to be done in the commencement, prosecution and successful termination of such action, including the employment of expert witnesses, independent fee appraisers, and other personnel necessary to conclude the matter. Attest: Adopted by the City HRA W. Peter Er~ck, this 11th day of June, 1979. // Edw. J/FErickson,  ' Chairman Secretary. Treasurer By · · rs6I, Executive Director -2- EXHIBIT A T~CTA A tract of land lying and being in the County of Hennepin, State of Minnesota, described as follows, to wit: Ail that part of the North Half of the Southwest Quarter of the Northwest Quarter and the South Half of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 21, described as follows: Beginning at a point in the south line of said North Half of the Southwest Quarter of the Northwest Quarter distant 155.02 feet west of the southeast corner thereof; thence North 00 degrees 00 minutes 06 seconds East, parallel with the east line of said North Half (assumed basis for bearings), 384.48 feet; thence northerly on a tangential curve concave to the east (central angle 27 degrees 22 minutes 56 seconds, radius 355.90 feet) 170.09 feet to the south line of the north 7 rods of said North Half; thence North 88 degrees 56 minutes 31 seconds West, along said south line, 54.86 feet, to a point 170 feet west of the east line of said North Half; thence North 01 degree 03 minutes 29 seconds East, 30.00 feet; thence South 88 degrees 56 minutes 31 seconds East, 36.75 feet; thence northeasterly on a curve concave to the southeast (central angle 01 degrees 12 minutes 17 seconds and radius 385.90 feet, chord bearing North 30 degrees 47 minutes 15 seconds East) 8.11 feet, to the point of beginning of the tract herein described; thence North 88 degrees 56 minutes 31 seconds West, 246.00 feet; thence North 01 degrees 03 minutes 29 seconds East, 197.86 feet, to the south- easterly right-of-way line of Hennepin County State Aid Highway No. 18, according to recorded highway plat no. 32; thence easterly along said right-of- way line and southerly along the westerly line of property acquired by the County of Hennepin as described in warranty deed document no. 3802514 to the point of beginning. TRACT B A tract of land lying and being in the County of Hennepin, State of Minnesota, described as follows, to wit: Ail that part of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter and the South Half of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 21, described as follows: Beginning at a point in the south line of said North Half of the Southwest Quarter of the Northwest Quarter distant 155.02 feet west of the southeast corner thereof; thence North 00 degrees 00 minutes 06 seconds East, parallel with the east line of said North Half (assumed basis for bearings), 384.48 feet; thence northerly on a tangential curve concave to the east, (central angle 27 degrees 22 minutes 56 seconds, radius 355.90 feet) 170.09 feet to the south line of the north 7 rods of said North Half; thence North 88 degrees 56 minutes 31 seconds west along said south line, 54.86 feet, to a point 170 feet west of the east line of said North Half; thence North 01 degrees 03 minutes 29 seconds East, 30.00 feet; thence South 88 degrees 56 minutes 31 seconds East, 36.75 feet; thence northeasterly on a curve concave to the southeast (central angle 01 degrees 12 minutes 17 seconds and radius 385.90 feet, chord bearing North 30 degrees 47 minutes 15 seconds East) 8.11 feet; thence North 88 degrees 56 minutes 31 seconds West, 246.00 feet; thence North 01 degrees 03 minutes 29 seconds East, 197.86 feet, to the southerly right-of-way line of Hennepin County Road State Aid Highway No. 18, according to recorded highway plat No. 32; thence southwesterly along said right-of-way line to the north line of Gordon's Lakeview Terrace, according to the recorded plat thereof; thence South 88 degrees 51 minutes 25 seconds East, along said north line 371.95 feet; thence South along the east line of said Gordon's Lakeview Terrace, 143.30 feet; thence South 88 degrees 59 minutes 04 seconds East, along the north line of said Gordon's Lakeview Terrace, 512.03 feet to the point of beginning. TRACT C A tract of land lying and being in the County of Hennepin, State of Minnesota, described as follows, to wit: Ail that part of the North 7 rods of the North Half of the Southwest Quarter of the Northwest Quarter and the South Half of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 21, described as follows: Beginning at the southeast corner of said North 7 rods; thence North 88 degrees 56 minutes 31 seconds West (assumed basis for bearing) along the south line of said north 7 rods 81.28 feet to the easterly line of property acquired by the County of Hennepin as described in Warranty Deed document no. 3802514; thence north- easterly along said easterly line to the east line of said Northwest Quarter of the Northwest Quarter; thence south along the east line of said Northwest Quarter and Southwest Quarter of the Northwest Quarter to the point of beginning. RESOLUTION APPROVING SU~.IISSION OF COOPERATION AGREEMENT BETWEEN THE NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITY AND THE NEW HOPE CITY COUNCIL WHEREAS, the City of New Hope is applying for Public Housing Rehabilitation funds to purchase and rehabilitate 92 apartment units, and WHEREAS, the New Hope Housing and Redevelopment Authority agrees to abide to the Cooperation Agreement with the City Council, NOW, THEREFORE, BE IT RESOLVED by the New Hope Housing and Redevelopment Authority that the City Mana- ger is authorized to submit to the Department of Housing and Urban Development the signed Cooperation Agreement. ~' ~/E~ecu~ive Director ATTEST: STATE OF MINNESOTA) COUNTY OF HENNEPIN) I, the undersigned, being the duly qualified and acting Secretary of the New Hope Housing and Redevelopment Authority, hereby attest and certify that: ~s such officer, I have the legal custody of the original record from which the attached and fore- going extract was transcribed; (2) I have carefully compared said extract with said original record; (3) I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the New Hope HRA held on the date indicated in said extract, including "RESOLUTION APPROVING SUBMISSION OF COOPERATION AGREEMENT BETWEEN THE NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITY AND THE NEW HOPE CITY COUNCIL." (4) said meeting was duly held, pursuant to call and -notice thereof as required by law. jtnes$ my hand offically as such HRA Secretary this day of -~-v~ , 1979. Secretary CERTIFICATE I, Betty P0uli0t , %he duly appointed, qualified and acting City Clerk-Treasurer of the City of New Hope, Hennepin County, Minnesota, do hereby certify that I have com- pared the attached copy of the TAX INCREMENT PLEDGE AGREEMENT BET~%~EN THE NEW HOPE HOUSING AND REDE%~LOPMENT AUTHORITY AND THE CITY OF NEW HOPE, MINNESOTA with the original of such Agreement on file in my office and that the same is a true and correct copy of such agreement which was duly adopted at a regular meeting of the City Council, duly held on the 9th day of July , 1979. "~ u~r .(SEAL~ TAX INCREMENT PLEDGE AGREEMENT BETWEEN THE NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITY, AND THE CITY OF NEW HOPE, MINNESOTA THIS AGREEMENT, made and entered into this ]6thday of July , 1979, by and between the Housing and Redevelopment Auth- Ority in and for the City of New Hope, a public corporation organiZed under the laws of the State of Minnesota (the Authority) and the City of New Hope, County of Hennepin, State of Minnesota, a municipal organization organized under the laws of the State of Minnesota (the City). WHEREAS, under and pursuant to the provisions of Minnesota Statutes, Chapter 462, the Authority applied to the City Council of the City for the approval of the undertaking of a redevelopment project designated as New Hope Redevelopment Project 1 (the Project) to facilitate the development of land within the area included in the Project (the Project Area), accompanied by a redevelopment plan, financing plan and the opinion of the City Planning Board thereon; and by a Resolution of the City Council of the City, adopted on May 14, 1979, after published notice and public hearing as required by law. The City Council found that the land in the project area for the Project would not be made available without the financial aid to be sought, that the redevelopment plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the redevelopment of such areas by private enterprise, and that the redevelopment plan conforms to the general plan for the development of the locality as a whole, and the City Council approved the redevelopment plan and the Project; and WHEREAS, the Authority has determined that it is neces- sary and desirable for the City to assist in completing the Project, and the City has determined that such assistance is needed to com- plete the Project, for the orderly and economic development of the City and for the development of additional real estate tax base; and WHEREAS, in order to pay the public redevelopment cost of the Project, the Authority has requested the City Council to issue general obligation bonds of the City pursuant to the provisions of Minnesota Statutes, Chapters 462 and 475, and the City Council has authorized the issuance and sale of $200,000 General Obligatioh Redevelopment Bonds of the City, dated as of July 1, 1979 (the Bonds); and WHEREAS, under and pursuant to Minnesota Statutes, Sec- tion 462.585, Subdivision 4, the Authority is authorized to pledge and appropriate any part or all of the tax increments received from the Project and any part or all of the revenues received from lands in the project area of the Project while owned by the Autho- rity, for the payment of the principal of and interest on the Bonds and any additional series of bonds issued by the City upon request of the Authority in aid of the Project, and to enter into this Agreement with the City Council respecting such pledge; NOW, THEREFORE, the City and the Authority mutually cove- nant and agree as follows: 1. The Authority will proceed expeditiously with the acquisition and redevelopment of such lands and the construction of such public improvements within the project area of the Project as are needed for the effectuation of the redevelopment plan, and with the disposal of lands so acquired and redeveloped in conformity with the plan, as provided in the Municipal Housing and Redevelop- ment Act,. Minnesota Statutes, Sections 462.411 to 462.711. 2. The City will proceed forthwith to issue and sell the Bonds for the payment of the public redevelopment cost of the Pro- ject and additional series of bonds in such additional amount or amounts as the Authority shall request and the City Council shall determine. In support of each such request, the Authority shall submit a current statement, as of the date of the request, as to costs incurred and estimated to be incurred and tax increments and revenues received and estimated to be received from the inception to the completion of the Project. 3. Ail proceeds of the Bonds and any. additional series of bonds issued by the City in aid of the Project, all revenues and tax increments with respect to the Project, which are received by the City from the Authority, and all income from the investment thereof, shall be segregated b3 the City in a special fund, which shall be ~by~the' City so-lely f~r t e ~yment of~ principal of and interest on the Bonds and any additional series of bonds and, upon requisition from and certification by the Authority, for the payment of the public redevelopment costs of the Project. 4. The Authority pledges and appropriates all tax incre- ments to be received from the Project, and revenues received from lands in the Project Area while owned by the Authority, for the pay- ment of principal of and interest on the Bonds and any additional series of bonds issued by the City in aid of the Project, and agrees to se re ~ - __. ta~ements and revenues in a s~al account O~__its official bo~and records and ~ cause them to be credited and remitted as received to said special fund of the City. On or prior to the date of certification of City taxes in each year for collection by the County, the City Clerk-Treasurer shall trans- fer from said special fund to the bond fund maintained for the pay- ment of the Bonds, under the provision of Minnesota Statutes, Section 475.61, an amount sufficient to_pay all principal and interest then due or to become due thereon in the following year. Subject to this requirement, the City Clerk-Treasurer shall disburse moneys in the -2- bond fund upon requisition and certification by the Authority in payment or reimbursement of the public redevelopment cost of the Project. 5. When the entire public redevelopment costs have been paid, including payment of all principal and interest on the Bonds and an~ additional series of bonds issued by the City in aid of the Project, the Authority shall report such fact to the City Coun- cil and submit a final statement of the public redevelopment cost, tax increments and revenues. Upon audit of this statement and approval thereof by the City Council, the payment of the public re- development cost shall be reported to the County Auditor. There- after the entire assessed valuation of the project area for the Project will be included in the assessed valuations upon which the tax mill rates are computed and extended and taxes are remitted to all taxing districts. 6. An executed copy of this Agreement shall be filed with the Finance Manager of Hennepin County, and shall constitute the request and authorization of the Authority and the City to the Finance Manager and Treasurer to compute, collect and segregate said tax increments in accordance with the provisions of this Agreement and of Minnesota Statutes, Section 462.585, Subdivisions 2 - 4, inclusive. IN WITNESS WHEREOF, the City and the Authority have caused this Agreement to be duly executed on their behalf and their seals to be hereunto affixed and such signatures and seals to be attested, as of the date and year first written above. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MINNESOTA (SEAL) Attest: Attest: CITY OF SOTA By ( SEAL ) Attest: ger ~rk-Treasurer -3- CERTIFICATION OF APPOINTMENT This is to certify that on December 26, 1975, as Mayor of the City of New Hope, pursuant to Minnesota Statutes §462.425, Subd. 5, and to New Hope Ordinance 77-24, I appointed the following members of the New Hope Housing and Redevelopment Authority. On this 27th day of July, 1979, I hereby confirm the said appoint- ments of December 26, 1978, and for the record, do hereby reappoint the following members of the New Hope Housing and RedeveloPment Authority: Edward J. Erickson W. Peter Enck Dorothy Hokr Gerald H. Otten Richard Plufka Dated the 27th day of July, 1979. /Edw. J. ~¥~r~ickson ayor (~-t~New Hope, Minnesota RESOLUTION RATIFYING ~ND ADOPTING THE ACTIONS OF THE NEW HOPE HR.& PRIOR TO PUBLICATION OF RESOLUTION DETERMINING THE NEED FOR AN HRA IN THE CITY OF NEW HOPE, MINNESOTA PURSUANT TO MINNESOTA STATUTE 462.425 WHEREAS, on December 12, 1977, pursuant to duly published notice in the New Hope-Plymouth Post, the official newspaper of the City, a public hearing was held by the New Hope City Council on the question of whether or not a resolution determining the need for a Housing and Redevelopment Authority in the City of New Hope should be passed, and WHEREAS, at the conclusion of said hearing, the City Council adopted a resolution entitled "RESOLUTION DETERMINING THE NEED FOR A HOUSING AND REDEVELOPMENT AUTHORITY IN THE CITY OF NEW HOPE, MINNESOTA", and WHEREAS, on December 12, 1977 the New Hope City Council enacted Ordinance 77-24 entitled "AN ORDINANCE ADDING-SECTION 2. 610 TO THE CITY CODE ESTABLISHING REQUIREMENTS FOR A HOUSING AND REDEVELOPMENT AUTHORITY FOR THE CITY OF NEW HOPE, MINNESOTA", and WHEREAS ,.the Mayor of the City of New Hope, did, on December 26, 1978, appoint the following members of the New Hope City Council to be Commissioners of the New Hope Housing and Redevelopment Authority: Edward J. Erickson' W. Peter Enck Dorothy Hokr Gerald H. Otten Richard G.-Plufka and WHEREAS, on the same date, th'e following officers were elected by the members of the HRA: Chairman: Vice Chairman: $ecr etary- Treasurer: Executive Director: Edward J. Erickson Richard G. Plufka W. Peter Enck Harlyn G. Larson (appointed) WHEREAS, on December 26, 1978 the HRA adopted temporary by-laws, which by-laws were amended May 14, 1979, and WHEREAS, the duly appointed Commissioners of.the New Hope Housing and Redevelopment Authority were recently sworn in as commissioners, and WHEREAS, the "RESOLUTION DETERMINING THE I~rEED FOR A HOUSING AND REDEVELOPMENT AUTHORITY IN THE CITY OF NEW HOPE, MINNESOTA" was published in the official newspaper of the City' on the 26th day of July, 1979, and , WHEREAS, the duly appointed Commissioners and officers of the New Hope Housing and Redevelopment Authority have taken various actions in the name of the New Hope Housing and Redevelopment Authority since appointment on December 26', 1978, and it is desirable that all actions of the New Hope HRA, its Commissioners, its officers and agents be adopted and ratified at this time, NOW THEREFOR BE IT RESOLVED by the New Hope Housing and Rede- velopment Authority: 1. Ail of the duly appointed Commissioners of the New Hope Housing and Redevelopment Authority have been duly sworn in, and 2. By-laws of the Authority dated May 14, 1979 are hereby confirmed, ratified and adopted as the by-laws of the Authority. 3. The election of officers and appointment of the Executive Director on December 26, 1978 are specifically adopted and confirmed as the act of the New Hope Housing and Redevelopment Autho'rity. Attest: W. 4. All actions of the New Hope Housing and Redevelopment Authority Commissioners, officers and its Executive Director are hereby accepted, adopted, ratified and confirmed as the actions, acts and decisions of the New Hope Housing and Redevelopment Authority, and are hereby determined to constitute the actions of the New Hope Housing and Redevelopment Authority, nunc pro tunc. Dated the 30th day of July, 1979. f_~/~ff~ ..... / Ri char~ G~_/~jlufka, Acti~ Mayor ~l~rlJ~yn~)~~ ExeCutive Director Pei~- EnCk~,' Secretary-Treasurer RESOLUTION AUTHORIZING RELEASE OF LETTER OF CREDIT At a time described hereinafter, the New Hope Housing and Redevelop- ment Authority hereby authorizes the Executive Director, Harlyn G. Larson, to release the Letter of Credit running in its favor from Camden Northwestern State Bank in the amount of $76,000 which was given on June 16, 1979 to secure the performance of an Agreement between the Housing and Redevelop- ment Authority and Village Builders, Inc. and Curry Company, Inc. (Buyers). The Buyers have satisfied the conditions of said Agreement in that the premises referred to in said Agreement have been graded according to the grading plan approved by the New Hope City Engineers, and have agreed to all monies and documents necessary to close the purchase being placed in e s er ow. At such time as the Executive Director determines that all necessary monies and documents necessary to transfer title are in escrow, this authorization to release said Letter of Credit shall become effective. Dated the 13th day of August, 1979. ricks'on Chairman W. l~et~r~Enck r ~ Attest: /I~arlyn~G~ Lar~on Executive Director RESOLUTION AUTHORIZING ESCROW FOR HRA PURCHASE AND SALE OF FLETCHER- HARRINGTON PROPERTY AT CSAH 9 AND 18 BE IT RESOLVED by the New Hope Housing and Redevelopment AUTHORITY: 1. The Chairman or Vice Chairman, Secretary, and the Executive Director of the New Hope Housing and RedeveloPment Authority are hereby authorized to close the purchase of the premises described in Project i of the Housing and RedeveloPment Authority by placing the necessary funds in escrow with North Star Abstract & Title Guaranty, Inc., to be delivered by the escrow agent when the terms of the Purchase Agreement with the Owners of the premises have been complied with, and the said officers and the Housing and RedeveloPment Authority attorney are authorized and directed to do all things necessary and to ~execute all necessary documents to accomplish said purchase in accordance with the terms heretofore agreed upon. 2. The Chairman or Vice Chairman, Secretary, and the Executive Director of the New Hope Housing and RedeveloPment Authority are hereby authorized to close the sale of the s'ame premises by executing and delivering to the Same escrow agent a warranty deed to the premises to be delivered upon compliance with all of the terms of sale hereafter agreed to. 3. The appropriate officers of the Housing and RedeveloPment Authority and the attorney are :authorized and directed to .execute all documents and to do all things necessary to accomplish the intent of the purchase and sale of the property involved in HRA Project 1. Dated the 13th day of August, 1979. W. Pe~ EnVy/ / /S Teasurer Attest://~//~-~ ~ ~ Executive Director RESOLUTION AUTHORIZING INTERIM ESCROW AGENT ~ FLETCHER-HARRINGTON- HRA LAND TRANSACTION BE IT RESOLVED by the New Hope Housing and Redevelopment Authority as follows: The law firm of Corrick & Wood, Chartered is hereby authorized to be added as Interim Escrow Agent to the Escrow Agreement heretofore approved with North Star Abstract & Title Guaranty, Inc. relating to the purchase and sale of the property at the southeast quadrant of the intersections of CSAH 9 and 18. Said Interim Escrow Agent shall have all of the responsibilities, duties and powers of the Escrow Agent, until the Escrow Agent assumes same. Dated the 27th day of August, 1979. ~-Iarlyn G, Larson ~ Its Executive Director /' ~/~itds~'h~rEmr~ks°n