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HomeMy WebLinkAboutEDA RES 2016-10COLUMBIA HEIGHTS UCONO1 IC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016-10 RESOLUTION APPROVING THE EXERCISE OF THE EDA'S RIGHT OF REVERTER IN CONNECTION WITH A PARCEL IN THE CITY- WIDE SCATTERED SITE HOUSINGTAX INCREMENT FINANCING DISTRICT WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT OF THE CITY OF COLUMBIA IIEIGHTs, WHEREAS, on October 10, 2011, the City of Columbia Heights (the "City") approved creation by the Columbia I leights Economic Developilient Authority ("E'DA") of the City-Wide Scattered Site Housing Tax Increment Financing District (the "TIE District") within its Central Business District Redevelopment Project (the "Project"), by approval of a tax increment financing plan (the "TIE Plan) for the TIF District-, and WHEREAS, the EDA and Tirnbercraft Enterprises, Inc. (the "Purchaser-) entered into a Purchase and Redevelopment Agreement dated January 31, 2014 (the "Contract") for conveyance to the Purchaser and development by the Purchaser of a parcel within the TIF District located at 4303 Reservoir Boulevard NE in the City and described as follows: Lot 4, Block 4, Auditor's Subdivision of Walton's Second Subdivision of Reservoir Hills, Anoka County, Minliesota referred to as the "Subject Parcel;" and WliEREAS, pursuant to the Contract, the Purchaser was required to complete construction of certain Minimum Improvements (as defined in the Contract) within one year of the date of sale of the Subject Parcel, or by February 14, 2015, and any failure to complete such construction constitutes an event of default under the Contract, and WHEREAS, paragraph 15 of the Conti-act provides that upon 30 days' notice to the Purchaser of an event of default due to failure to construct the Minimum Improvements, the EDA may exercise its right to re-enter and take possession of the Subject Parcc@ and to revest in the EDA the fee title to the Subject Parcel; and WHEREAS, as of the date hereof, the Purchaser has not commenced construction of the Minimurn Improvements, and has been advised that such failure is an event of default pursuant to the Contract through the receipt of a notice of default delivered by EDA staff on March 28, 2016; and WHEREAS, the EDA has determined that it is in the best interest of the City to exercise its statutory and contractual right of reverter, as permitted under Minnesota Statutes, Sections 469.090 to 469.1 {1S 1 (tile "EDA Act"), particularly Section 469.105, subd, 5, and under paragraph 15 of the Contract. NOW THEREFORE, BE IT RESOLVED by the board of commissioners of the EDA as follows: I . The EDA approves the exercise of its right of reverter pursuant to the Contract and EDA Act on Julie 16. 2016, if building plans are not submitted for review by 4 pm on Julie 15, 2016. 4789860 CU05-49 2. EDA staff are authorized and directed to work with EDA legal counsel to take such actions are required to perfect its right of reverter, including without limitation the drafting and filing of any proceedings in district court and, if determined to be necessary, the removal of the Subject Parcel froni the TIP District, ADOPTED: --NAY!_, 2016 478986v 1 Ct20549 SecietarylTreasur