Loading...
HomeMy WebLinkAboutResolution - HRA 2008-01 - Authorizing Sale of Real Property to Presbyterian Homes - 12/12/2008 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2008-01 A RESOLUTION AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY TO PRESBYTERIAN HOMES HOUSING & ASSISTED LIVING, INC., A MINNESOTA NON-PROFIT CORPORATION WHEREAS, the City of Eden Prairie (hereinafter referred to as the"City") and Presbyterian Homes Housing &Assisted Living, Inc. a Minnesota non-profit corporation (hereinafter referred to as "PHHAL")entered into that certain Purchase Agreement between the parties dated January, 2007, amended by that certain First Amendment to Purchase Agreement dated May 15, 2007, that certain Second Amendment to Purchase Agreement dated September, 2007, that certain Third Amendment to Purchase Agreement dated January 3, 2008 and that certain Fourth Amendment to Purchase Agreement dated January 23, 2008 (hereinafter collectively the "Purchase Agreement") for the sale of that certain real property described as Lot 1, Block 1, Columbine Road Addition and Outlot C, Columbine Road Addition, Hennepin County, Minnesota(hereinafter referred to as the "Property"); and WHEREAS, by the Fourth Amendment to Purchase Agreement the City and PHHAL consented to the assignment to the Authority all of the City's interest in the Purchase Agreement; and WHEREAS, it is proposed that the Housing and Redevelopment Authority in and for the City(hereinafter referred to as the "Authority") sell to PHHAL the Property pursuant to the Purchase Agreement; and WHEREAS, the Property is located within Redevelopment Project No. 5 previously created by the Authority December 17, 1996 (hereinafter referred to as the "Redevelopment Project"); and WHEREAS, the City Council of the City and the Authority approved and adopted the Redevelopment Plan for the Project on December 17, 1996 (hereinafter referred to as the "Redevelopment Plan"); and WHEREAS, the Plan sets forth the following objectives: 1. Promote and secure the prompt development or redevelopment of certain property in the Project Area, which property is not now in productive use or in its highest and best use, in a manner consistent with the City's Comprehensive Plan and with a minimum adverse impact on the environment, and thereby promote and secure the development or redevelopment of other land in the City. 1 2. Promote and secure additional employment opportunities within the Project Area and the City for residents of the City and the surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City. 3. Secure the increase of property subject to taxation by the City, the School District, the County, and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by them. 4. Provide for the financing and construction of public improvements in and adjacent to the Project Area necessary for the orderly and beneficial development or redevelopment of the Project Area and adjacent areas of the City. 5. Promote the concentration of new desirable residential, commercial, office, and other appropriate development or redevelopment in the Project Area so as to maintain the area in a manner compatible with its accessibility and prominence in the City. 6. Encourage local business expansion, improvement, development or redevelopment whenever possible. 7. Create a desirable and unique character within the Project Area through quality land use alternatives and design quality in new and remodeled buildings. 8. Encourage and provide maximum opportunity for private development or redevelopment of existing areas and structures which are compatible with the Redevelopment Plan. 9. Provide new ownership housing units and new affordable rental housing units consistent with the Metropolitan Livable Communities Act goals adopted by the Metropolitan Council. WHEREAS,Minnesota Statutes Section 469.029 authorizes the AUTHORITY to make any of its land in the Redevelopment Project available for use by private individuals, firms, corporations, partnerships, insurance companies, or other private interests by sale after a public hearing on the proposed sale; and WHEREAS,the AUTHORITY, following public notice as required by Minnesota Statutes Section 469.029, Subd. 2, held a public hearing on the proposed sale on February 12, 2008. NOW THEREFORE BE IT RESOLVED by the Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota(the "Authority"), as follows: 2 1. The Authority finds that the sale of the Property to PHHAL conforms to the Redevelopment Project. 2. The Authority hereby approves the sale of the Property to PHHAL in accordance with the terms of the Purchase Agreement and the terms of approvals granted by the City Council of the City in Resolution No. 2007-119 for Guide Plan Change, Resolution No. 2007- 120 for Planned Unit Development Concept Review, Resolution No. 2007-121 for Preliminary Plat and that certain Development Agreement to be entered into by and between the City and PHHAL and to be filed against the Property memorializing the terms and conditions of approval granted by the City for the development of the Property and adjacent real property. 3. The deed shall require PHHAL to carry out or cause to be carried out the objectives of Redevelopment Plan or approved modifications thereof. No use shall be made of the Property nor any building or structure erected thereon which does not conform to the approved plan or approved modifications thereof. 4. The Authority hereby authorizes execution and delivery of the Certificate attached hereto, certifying that the sale of the Property has been made as authorized by Minnesota Statutes Chapter 469. Adopted by the Board of Commissioners of the ority is 2th day of February, 2008. Phi oung, Chairper n Attest: Cott I' 1,sreat, Execu i v e Kirector CERTIFICATION I, Kathy Nelson, Secretary of the Housing and Redevelopment Authority in and for the City of Eden Prairie, County of Hennepin, Minnesota, hereby certify that the foregoing is a true and correct copy of the H.R.A. Resolution No. 2008-01 passed by the Authority on the 12th day of February, 2008. Kathy Nelso , Secretary 3 CERTIFICATE OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE The Housing and Redevelopment Authority in and for the City of Eden Prairie (hereinafter the "Authority") hereby certifies that the property legally described as Lot 1, Block 1 and Outlot C, Columbine Road Addition, has been sold by the Authority as authorized by Minnesota Statutes Chapter 469 as set forth in H.R.A. Resolution No. 2008-01 attached hereto as Exhibit A. HOUSIN AND REDEVELOPMENT AUTHO Y AND FOR THE I F E PRAIRIE By, Chairperson CST ive ODWe STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the 12`h day of February, 2008, by Phil Young, the Chairperson and Scott H. Neal, the Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic of the State of Minnesota. l� KATHLEEN A. PORTia A No r Public EDEN PRAIRIE CITY CLERK y NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010