HomeMy WebLinkAboutResolution - 2004-130 - Sale of Property to West Hennepin Affordable Housing Land Trust - 09/07/2004 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2004-130
A RESOLUTION AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT,
THIRD PARTY AGREEMENT AND RELATED PURCHASE AGREEMENTS
WHEREAS,the Council of the City of Eden Prairie finds:
1. The City entered into an agreement between it and the County of Hennepin
("County") entitled "Joint Cooperation Agreement — Urban Hennepin County Community
Development Block Grant Program"in 1999 ("Joint Agreement").
2. The purpose of the Joint Agreement, as provided in Article II, is to authorize the
County and the City to cooperate to undertake or assist in undertaking community renewal and
lower income housing assistance activities and authorizes the County to carry out these and
other eligible activities ("activities") for the benefit of eligible recipients who reside within the
City.
3. Funds for the activities are provided by the United States of America through the
United States Dept. of Housing and Urban Development — Community Development Block
Grant("CDBG")Program.
4. It is proposed the City and County will also enter into an agreement, entitled
Subrecipient Agreement Urban Hennepin County Community Block Grant Program in the form
presented to this Council relating to the CDBG Program ("Subrecipient Agreement"). Pursuant
to the Joint Agreement and the Subrecipient Agreement, the City may expend its allocation only
on the identified activities. Any funds so allocated and unexpended or uncommitted must be
relinquished to the County.
4. Pursuant to Article 3, the City may subcontract the Subrecipient Agreement
and/or the services to be performed with the prior consent of the County.
S. An eligible activity has been proposed whereby "WHAHLT," West Hennepin
Affordable Housing Land Trust ("WHAHLT"), a nonprofit corporation, will acquire certain real
property situated in the City, will construct a single-family dwelling on the property and make it
available for rental to persons of low income (the "Project"). The real property will be acquired
by WHAHLT from the City in accordance with the terms and for the consideration expressed in
that certain Purchase Agreement between the City and WHAHLT ("WHAHLT Purchase
Agreement") and the City will contemporaneously or prior thereto, acquire the real property
from the County in accordance with the terms and for the consideration expressed in the
Purchase Agreement between the County and the City ("County Purchase Agreement") in the
forms presented to this council.
6. The City proposes to enter into an agreement between it and WHAHLT, entitled
Third Party Agreement Urban Hennepin County Community Development Block Grant Program
("Third Party Agreement") in form and substance presented to this Council whereby WHAHLT
will carry out the obligations of the City with respect to the Project, and WHAHLT will receive
from Hennepin County the funds allocated to the Project.
7. While the CDBG funds will not be received by the City but will be attributable to the
City's allocation by Hennepin County of CDBG funds,.(those funds having been paid directly to
WHAHLT by Hennepin County) to the extent the transfer of the CDBG funds to WHAHLT may
be deemed to have been received by the City, such funds are in the nature of a gift from the
United States of America and are subject to the conditions and obligations of the City with
respect thereto set forth in the Joint Agreement and the Subrecipient Agreement which the City
is authorized to accept pursuant to M.S. § 465.03.
NOW THEREFORE,BE IT RESOLVED THAT:
A. The execution and delivery by the City of the Subrecipient Agreement, Third
Party Agreement, County Purchase Agreement and WHAHLT Purchase Agreement are
approved and authorized, in the form and substance presented to the Council, subject to such
changes and modifications approved by the Mayor and City Manager.
B. To the extent the payment of the CDBG funds for the Project may be deemed a
transfer of such funds to the City, the Council hereby accepts the transfer of such funds as a gift
from the United States of America and accepts the gift subject to the conditions and obligations
of the City with respect thereto contained in the Joint Agreement and the Subrecipient
Agreement pursuant tolhe authority contained in M.S. § 465.03.
ADOPTED by the Eden Prairie City Council this 7"'day of September, 2004.
anc yra- tens,/�pr
ATTEST: (Seal)
K hleen Porta, City Clerk