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HomeMy WebLinkAboutResolution - 2012-71 - Termination of Lease with HRA for City Center - 04/17/2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012-71 A RESOLUTION TERMINATING THE LEASE BETWEEN THE CITY OF EDEN PRAIRIE (CITY) AND THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE (AUTHORITY) RECITALS WHEREAS, in order to finance and refinance the acquisition, construction and rehabilitation of a community center facility (the Community Center Project) and a city hall facility (the City Hall Project), the City requested the Authority issue various bonds; and WHEREAS, the City Hall Project included space for governmental activities (the Governmental Space) and space for nongovernmental activities (the Private Space); and WHEREAS, the Authority issued its Lease Revenue Bonds (Community Center Project), Series 1992A (the Series 1992A Bonds) to finance the Community Center Project; and WHEREAS, the Authority issued its Lease Revenue Bonds (City Hall Project), Series 1992B (the Series 1992B Bonds) to finance the Community Center Project and the Governmental Space of the City Hall Project; and WHEREAS, the Authority issued its Taxable Lease Revenue Bonds (City Hall Project), Series 1992C to finance the Private Space of the City Hall Project; and WHEREAS, the Authority issued its Lease Revenue Bonds (City Hall Project), Series 1993A (the Series 1993A Bonds) to finance the Governmental Space of the City Hall Project; and WHEREAS, the Authority issued its Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2002A (the Series 2002A Bonds) to refinance the Community Center Project and the Governmental Space of the City Hall Project by refunding the Series 1992A Bonds and the Series 1992B Bonds; and WHEREAS, the Authority issued its Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2009A (the Series 2002A Bonds) to refinance the Community Center Project and the Governmental Space of the City Hall Project by refunding the Series 2002A Bonds having stated maturities in the years 2010 through 2012; and WHEREAS, the City and the Authority entered into that certain Lease-Purchase Agreement, dated as of February 1, 2009 (Lease) for the City Hall Project and the Community Center Project as described therein; and WHEREAS, the City agreed to lease the City Hall Project and the Community Center Project from the Authority upon the terms and conditions set forth in the Lease; and WHEREAS, the Authority agreed to sell the City Hall Project and the Community Center Project to the City and the City agreed to purchase the City Hall Project and the Community Center Project from the Authority upon the terms and conditions set forth in the Lease; and WHEREAS, Section 5.3(d) of the Lease provides that the Lease will terminate upon the payment by the City of the Purchase Price; and WHEREAS, Section 5.4 of the Lease provides, among other things, that upon termination of the Lease pursuant to Section 5.3(d), the Authority shall convey to the City all of the Authority's right, title and interest in the City Hall Project and the Community Center Project by quit claim deed and bill of sale; and WHEREAS, the City has made all of the payments required under the terms of the Lease, and thereby paid the Purchase Price. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE HEREBY ORDAINS AS FOLLOWS: I. All of the Recitals set forth above are incorporated herein. 2. The City hereby terminates the Lease with the Authority pursuant to Section 5.3(d) of the Lease. 3. The City requests that the Authority convey to the City all of the Authority's right, title and interest in the City Hall Project and the Community Center Project by quit claim deed and bill of sale. The City acknowledges that it shall pay all expenses of preparation of the documents of conveyance and all taxes and charges payable in connection with the conveyance. The City shall take title subject to the liens and encumbrances identified in Section 5.4(a)-(d) of the Lease. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2012. N nc yraX- tie"s, ayor ATTEST: Katkfeen Porta, City Clerk