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HomeMy WebLinkAboutContract No. 2013-2544.01Anoka County Contract# ____ _ GRANT AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE ANOKA COUNTY HRA REGARDING DISBURSEMENT OF LEVY FUNDS THIS AGREEMENT is made by and between the City of Columbia Heights, Minnesota (the "City") and the Anoka County Housing and Redevelopment Authority (the "ACHRA"), both political subdivisions of the State of Minnesota, dated October 14, 2013. RECITALS WHEREAS, the City of Columbia Heights (the "City") and its Economic Development Authority ("EDA"), by participation in the ACHRA economic development activities, can request funds to support the City's redevelopment and housing maintenance and improvement goals within the City of Columbia Heights; and, WHEREAS, the City's EDA approved a Purchase Agreement for the acquisition of 3927 Central Ave�ue (the "Property") as a key redevelopment site, with the purpose of substantial redevelopment of the City's downtown area; and WHEREAS, the Columbia Heights City Council adopted a Resolution (2012-51) requesting that the ACHRA dedicate the annual ACHRA levy collected for fiscal years 2008- 2012 for the purchase of the Property; and WHEREAS, the City also wishes to dedicate the annual ACHRA levy collected in the City for the tax levy payable in 2013 and 2014; and WHEREAS, the Project is a necessary acquisition for the City of Columbia Heights, to promote significant redevelopment goals for the downtown area; and WHEREAS, the ACHRA has established economic development activities, redevelopment, and improvement goals as a priority for funding in its area of operation; and 2013-2544.01 WHEREAS, the parties believe that the Project is in the best interests of the ACHRA and the City and the health, safety, morals, and welfare of their residents and in accord with the public purposes and provisions of applicable federal, state, and local laws under which the Project has been undertaken; and WHEREAS, on January 8, 2013, the ACHRA Board of Trustees approved entering into this Agreement; NOW, THEREFORE, IT IS HEREBY AGREED: 1.Purpose. The purpose of this Agreement is to provide ACHRA funding for an economic development project in the City of Columbia Heights, State of Minnesota, with the purpose of substantial improvement and redevelopment of the City's downtown area. 2.Tenn. The term of this Agreement shall commence upon execution by the parties and end on December 31, 2014, unless earlier terminated as provided herein. 3.City to Remain in Taxing Jurisdiction. For so long as this Agreement remains in full force and effect, the City shall remain in ACHRA's taxing jurisdiction. 4.ACHRA Obligations. a.ACHRA shall pay to the City all levy funds apportioned to the City, which are available for use to date. b.The parties further acknowledge that, pursuant to statutory authority, ACHRA anticipates allocation of an annual levy in the jurisdiction of the City to fund ACHRA activities in 2013 and 2014. The ACHRA agrees to provide a loan to the City from the ACHRA general fund, so the City may dedicate to the Project that amount of the anticipated levy proceeds from the City for years 2013 and 2014. c.Notwithstanding any provision in this Agreement to the contrary, the maximum amount payable by the ACHRA to the City pursuant to this Agreement shall not exceed the City's levy funds available for use to date, plus any pledged levy funds advance for years 2013 and 2014. 2 5.Waiver. The waiver of any of the rights and/or remedies arising under the terms of the Agreement on any one occasion by any party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of the Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. 6.Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of the Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. 7.Entire Agreement Clause. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations with respect to the grant of funds provided herein. This Agreement is not intended to supersede or modify other agreements relating to the financing of the Project. 8.Modification. Any alteration, variation, modification or waiver of the provisions of the Agreement shall be valid only after it has been reduced to writing and duly signed by all parties. 9.Notices. All notice's or communications required or permitted pursuant to this Agreement shall be either hand delivered or mailed to the City and the ACHRA at the following address: To the City: City of Columbia Heights 590 -40th Ave. NE Columbia Heights,.MN 55421 Attn.: City Clerk-Administrator 3 To the ACHRA: Anoka County Housing and Redevelopment Authority 2100 Third A venue Anoka, MN 55303 Attn.: Executive Director IN WITNESS WHEREOF, the parties have executed this Agreement on the date above written. ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY ---. By:��kwi City Cl -Administrator Dated: i D /Jt.Jj/:3 --'----l-1-"-"--/-)-+=-------- 4 By: --------------ACHRA Board Chair Dated: ------------- ATTEST: Karen Skepper Executive Director Dated: ------------- APPROVED AS TO FORM: Assistant County Attorney l:\CIVAT1Y\CVC\Civil-HRA-Real Estate\Col Hts Grant Agreement 8.19.13.docx