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HomeMy WebLinkAboutEDA RES 2001-18. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2001-18 RESOLUTION RELATING TO THE TRANSFER OF CERTAIN PROJECTS TO THE HOUSING AND REDEVELOPMENT AUTHORITY FROM THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY; MODIFYING PURCHASES OF SERVICES AGREEMENT. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (CHEDA) AS FOLLOWS: Section 1. Background 1.01. The City Council previously adopted Resolution No. 96-01 (Enabling Resolution) providing for the creation of the CHEDA pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (EDA Act). 1.02. By resolution, dated January 8, 1996, the City transferred the control, authority, and operation of all projects operated by the Housing and Redevelopment Authority in and for the City of Columbia Heights (I-IRA) from the HRA to the CHEDA, and approved a Purchase of Services Agreement between the City and the CHEDA. 1.03. By resolution approved January 29, 1996, the HRA approved the transfer of HRA contracts, programs, and property from the HRA to the CHEDA and CHEDA officials were directed to execute and deliver quit claim deeds for all real property owned by the HRA to the CHEDA. 1.04. Quit claim deeds for all real property owned by the HRA were never executed and delivered to the CHEDA, and therefore, title to those properties remains in the HRA. 1.05. By Ordinance No. 1442 (Allocation Ordinance) adopted by the City Council on October 22, 2001, the City allocated powers under Minnesota Statutes, Sections 469.001 to 469.047 (I-IRA Act) related to housing for low and moderate income person fi:om the CHEDA to the HRA, as authorized by Section 469.094 of the EDA Act. 1.06. To implement the Allocation Ordinance and clarify the powers of the EDA under the Enabling Resolution, the City further adopted Resolution No, 2001-62 on October 22, 2001, which is an amended and restated Enabling Resolution. 1.07. The board of CHEDA finds that it is in the best interests of the City, CHEDA and the HRA that appropriate steps be taken to effect the transfer from CHEDA to the HRA of programs and projects relating to low and moderate income housing over which the HRA has authority under the Allocation Ordinance. Section 2. Transfer of Authority 2.01. The control, authority and operation of all housing programs and projects over which the HRA has jurisdiction under the Allocation Ordinance (referred to herein as the "HRA Projects") are hereby transferred from CHEDA to the HRA. 2.02. Attached as Exhibit A is a list of all real property that is currently owned by the HRA, and which is occupied by HRA Projects or held for future HRA Projects. Notwithstanding anything to the contrary in Resolution No. 96-02, title to those properties shall remain in the HRA. The President and Executive Director are authorized to execute and deliver any quit claim deeds or other instruments necessary to effect clear title in such properties in the name of the HRA. 2.03. Attached as Exhibit B is a list of all outstanding contracts related to HRA Projects to which either the CHEDA or the I-IRA is a party. The fights, duties and obligations of each of the contracts listed in Exhibit B are transferred, assigned and released, without qualification, to the HRA. Any contractual obligation of the CHEDA with respect to HRA Projects not listed in Exhibit B is similarly transferred, assigned and released to the HRA. The President and Executive Director of CHEDA are authorized to execute any instrument necessary to effectuate the assignment of CHEDA's rights in any such contract to HRA, or to clarify the HRA's rights and interest in any such contract. 2.04 The CHEDA assigns and transfers to the I-IRA, all funds in its possession regarding HRA Project as defined in this resolution. The Executive Director of the CHEDA is authorized to retain moneys from such fimds to reimburse CHEDA commissioners for necessary expenses incurred as a result of this transfer of authority. 2.05. The President and Executive Director are authorized and directed to execute any instrument or certificate deemed necessary by legal counsel or the United States Department of Housing and Urban Development to effectuate the intent of this resolution. Section 3. Purchases of Services Agreement 3.01. The CHEDA hereby ratifies the Purchases of Services Agreement between the CHEDA and the City dated January 29, 1996; provided that it is understood the services provided by the City to the CHEDA relate solely to the projects, programs and activities under the jurisdiction of CHEDA as described in the Allocation Ordinance and the amended and restated Enabling Resolution. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this c~O day of November, 2001. Robert l~[tti~ Presidl~t ATTEST: 2 EXHIBIT A List of Real Property 965 40th Avenue (Parkview Villa) Properties Currently Owned by the I-IRA: 3982 Van Buren Street 4607 Tyler Street NE 3 EXHIBIT B List of Outstanding Contracts Adams Pest Control American Portable Telecom Bamick, Robert and Priscilla Center for Energy and Environment ChemLawn Service Columbia Heights Housing Limited Partnership 1 Columbia Park Medical Group Crest View ONDC 1 Project Crestview Corporation Ehler and Associates MGS Professional Services (Snow Removal) Minnesota Department of Commerce (Salon License) Nedegaard Purchase and Redevelopment Agreement Real Estate Equities Springsted