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HomeMy WebLinkAboutResolution - HRA 2021-05 - First Amendment to TIF Agreement for TIF District 23 - 12/07/2021CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2021-05 RESOLUTION ADOPTING A FIRST AMENDMENT TO THE TAX INCREMENT AGREEMENT FOR TAX INCREMENT FINANCING DISTRICT, NO. 23 -TRAIL PONTE RIDGE AND AUTHORIZING ISSUANCE OF A NEW TIF NOTE BE IT RESOLVED by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "HRA") as follows: Section 1. Recitals. 1.01. The HRA entered into that Certain Tax Increment Development Agreement dated August 13, 2019, filed on October 11, 2019 with the Hennepin County Recorder's Office as Document No. 10711170 and with the Hennepin County Registrar of Titles Office as Document No. 5651865 (the "Agreement"); 1.02. WHEREAS, the Agreement provides for the HRA's payment to Developer of Tax Increments derived from the Development Prope1iy in accordance with the terms and conditions of the Agreement; 1.03. WHEREAS, no Tax Increments were derived from the Development Property for tax year 2020 and therefore no Tax Increments were available to be paid to Developer on August 1, 2021; 1.04. WHEREAS, the patiies wish to amend the Agreement to extend the first TIP Note Payment Date to August 1, 2022; 1.05 WHEREAS, the parties desire that a new TIF Note in the form attached as Exhibit B to the First Amendment be issued which incorporates the revised dates referred to in the First Amendment and which will replace in its entirety the original TIF Note attached as Exhibit B to the Agreement. Section 2. Approval of the Modifications; Filing; and Delivery of TIF Note. 2.01. The First Amendment Tax Increment Development Agreement is hereby approved. 2.02 Issuance of a new Tax Increment Note attached as Exhibit B to the First Amendment To Tax Increment Development Agreement is hereby approved. 2.03. Upon execution by the Developer and by the Executive Director and Chair of the HRA, the First Amendment To Tax Increment Development Agreement shall be filed with Hem1epin County Registrar of Title and County Recorder. 2.04. The Executive Director and Chair of the HRA are hereby authorized to execute and deliver the new Tax Increment Note to the Developer upon tender by the Developer of the original Tax Increment Note which shall be marked as "Cancelled and Replaced''. ADOPTED by the HRA in and for the City of Eden Prairie this 7th day of December, 2021. Ronald A. Case, Chair ATTEST: Rick Getschow, Executive Director