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HomeMy WebLinkAboutResolution No. 326-16 - TIF District #32-1.ValleySideEstatesFourth.DecertificationCITY 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. 32-1 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- 1 . Recitals (a) On October 17, 2005, the Council approved the City's Tax Increment Financing District No. 32-1 (the "TIF District"). (b) The City also entered into a certain Development Assistance Agreement dated as of October 17, 2005, (the "Development Agreement"), with Lumber One, Avon Inc. (the "Developer"), pursuant to which the Developer agreed to substantially complete the construction of 13 owner -occupied single family homes by December 31, 2007. (c) The Company didn't complete the "Improvements" by December 31, 2007, as required under the provisions of Section 3.1 of the Development Assistance Agreement. The obligations of the Developer to the Development Assistance Agreement have not been fulfilled as none of the homes were constructed by December 31, 2007. In fact, the property was never subdivided to allow for development. (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 Aareement. 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 . 2016. Rochester Economic Development Authority am 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. 32-1 and termination of the related Development Assistance Agreement. WITNESS, my hand officially and the official seal of the City this day of , 2016. City Clerk Rochester, Minnesota