HomeMy WebLinkAboutResolution No. 641-15 D3 - Villas of Valley Side 2. TIF District 28-1CITY OF ROCHESTER ECONOMIC DEVELOPMENT AUTHORITY
COUNTY OF OLMSTED
STATE OF MINNESOTA
RESOLUTION NO.
Resolution Authorizing Decertification
Of the City Of Rochester Economic Development Authority Tax Increment
Financing District No. 28-1 and Terminating
The Related Development Assistance Agreement
BE IT RESOLVED by the City of Rochester Economic Development
Authority (the "EDA") of the City of Rochester, Minnesota (the "City"), as follows:
Recitals
(a) On October 20, 2003, the Council approved the City's Tax
Increment Financing District No. 28-1 (the "TIF District").
(b) The City also entered into a certain Development Assistance
Agreement dated as of October 20, 2003, (the "Development
Agreement"), with Lumber One, Avon Inc. (the "Developer"),
pursuant to which the Developer agreed to substantially
complete the construction of 19 owner -occupied single
family homes by August 1, 2006.
(c) The Company didn't complete the "Improvements" by August
1, 2006, as required under the provisions of Section 3.1 of
the Development Assistance Agreement. The City provided
$10,000 per home of tax increment reimbursements to the
Developer for 14 owner -occupied single family homes as
required under the provisions of Section 3.2 of the
Development Assistance Agreement. The obligations of the
Developer to the Development Assistance Agreement have
not been fulfilled as all of the homes were not constructed by
August 1, 2006. The obligations of the City to the
Development Assistance Agreement have been fulfilled as
the City provided tax increment reimbursements to those
homes that were constructed.
(d) On May 16, 2011 the Rochester Common Council adopted
Resolution #231-11, transferring the operation of all of the
City's existing Tax Increment Financing Districts to the City
of Rochester EDA.
2. Decertification of TIF District
The EDA hereby approves and directs that the TIF District be
immediately decertified, and EDA staff is directed to request in
writing that the Olmsted County Auditor promptly decertify the TIF
District. In addition, EDA staff shall provide to the County Auditor a
certified copy of this Resolution.
3. Termination of Development Assistance Agreement.
The EDA hereby directs that the Development Agreement be, and
the same hereby is, terminated since the Developer's obligations
under the Development Agreement were not fulfilled. EDA staff is
further directed to provide the Developer with written notification of
this termination.
PASSED AND ADOPTED BY THE ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF ROCHESTER, MINNESOTA, THIS
DAY OF , 2015.
Rochester Economic Development Authority
is
Its President
Its Clerk
CITY CLERK'S CERTIFICATE
I, the undersigned, being duly qualified and acting City Clerk of the City of
Rochester, Minnesota, DO HEREBY CERTIFY that I have carefully compared the
attached and foregoing extract of minutes of a duly called and regularly held meeting of
the EDA of said City held on the date therein indicated, with the original minutes thereof
on file in my office and I further certify that the same is a full, true, and correct transcript
thereof insofar as said minutes relate to the tax increment and related actions
referenced therein respecting the decertification of the City's EDA Tax Increment
Financing District No. 28-1 and termination of the related Development Assistance
Agreement.
WITNESS, my hand officially and the official seal of the City this day of
, 2015.
City Clerk
Rochester, Minnesota