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HRA RES 1986-11 - 00013780, RESOLUTION N0. HRA 11 - 1986 RESOLUTION (1) REQUESTING THE CITY OF FRIDLEY TO ISSUE ITS $10,045,000 GENERAL OBLIGATIONS TAR INCREMENT REFi7ADING BONDS, SERTES 1986, FOR THE PURPOSE OF CROSSOVER REFUNDING THE CITY'S $11,SSO,D00 VARIABLE RATE DEHAAiD GE]NERAL OBLTGATIOAI TAR INCREMENT BOApDS AND (2) APPROVIAG A][�D AUTHORIZING THE EXECIITIOAL OF A1� AMENDED TAX INCREMENT PLEDGE AGREEMENT IT IS HEREBY RESOLVED by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, (the "Authority") as follows 1 The Authority has undertaken or wi11 undertake, pursuant to and in conformity with Minnesota Statutes, Sections 462 411 et seq , the puUlic improvements (the "Improvements") within and for the benefit of the Authority's Redevelopment Project No 1 set forth in Exhibit A to that certain Tax Increment Pledge Agreement, dated as of December l, 1985 (the "Tax Zncrement Pledge Agreement"), executed by the Authority and the City of Fridley, Minnesota (the "City"), in connection with the issuance of the Ser�es 1985 Bonds (hereinafter defined) � 2 In order to finance the improvements and at the request of the Authority, on December 30, 1985, the City issued its $11,SSD,000 Variable Rate Demand General Obligation Tax Increment Bonds (the "Series 1985 Bonds") 3 It is necessary or desirable that the City issue, and the Authority hereby requests that the City issue, it's $10,045,000 General Obligation Tax Increment Refunding Bonds, Series 1986 (the "Series 1986 Bonds"), for the purpose of crossover refunding the Series 1955 Bonds 4 The Amended Tax Increment Pledge Agreement (amending the Tax Tncrement Pledge Agreement) attached hereto and made a part hereof is hereby approved, and the officers of the Authority are hereby authorized and directed to take such steps as may be necessary to execute said Agreement, in substantially the form as attached, upon approval and execution thereof by the City and upon the issuance of the Bonds by the City, and to carry out and fulfill the provisions and requirements of the Amended Tax Increment Pledge Agreement PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FRIDLEY THIS 14TH DAY OF AUGUST, 1986 , � •; � ^ � st /� � _ \--- �, � C�G��. �� �-ci� ,,�., -��-' TARRYfGO}'IMERS, CHAIRMAN ATTEST ' d/� - f NASIM M QURESHI, DIRECTOR , EXHIBIT A AMF,NDED TAX INCREMF.NT PLEDGE AGREEMENT This Amended Tax Increment Pledge Agreement (the "Agreement") is dated as of August 1, 1486; is by and between the City of Fridley, Minnesota (the "City"), and the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority"), and provides as follows WHEREAS, on December 16, 1985, the City Council adopted a resolution (the "Series 1985 Bond Resolution") awarding the sale of the City`s $11,SSO,D00 Variable Rate Demand General Obligation Tax Increment Bonds, dated December 30, 1985 (the "Series 1985 Bonds"), to provide financing fox certain public improvements (the "Improvements") made or to be made with respect to the Authority's Redevelopment Project No l, and WHEREAS, on August 14, 1986, it is proposed that the City Council adopt a resolution (tha "Series 1986 Bond Resolution") authorizing the issuance of the City's $10,045,D00 General Obligation Tax Increment Refunding Bonds, dated August 1, 1986 (the "Series 1956 Bonds"), for the purpose of crossover refunding the Series 1985 Bonds, and WHEREAS, in connection with the issuance of the Series 1985 Bonds, the , Authority and Che City entered into a certain Tax Increment Pledge Agreement, dated as of December 1, 1985 (the "Tax Increment Pledge Agreement"), and in connection with the issuance of the Series 1986 Bonds it is necessary to amend and supplement the Tax Increment pledge Agreement by entering into this Agreement to amend the pledge of tax increments made to provide £or the payment of the debt service on the Series 1985 Bonds and to provide appropriate pledges of tax increments for the payment of the debt service on the Series 1986 Bonds NOW, THEREFORE, BE IT RESOLVED in consideration of the covenants and agreements hereof be,tween the City and the Authority, and pursuant to Minnesota Statutes, Section 273 77 (a), the C1ty and the Authority hereby agree as follows 1 Any capitalized term which is used but not defined in this Agreement shall have the meaning given to that term in the Series 1986 Bond Resolution. 2 In accordance with paragraph 15 of the Series 1986 Bond Resolution, paragraph 2 of the Tax Increment Pledge Agreement shall be amended to the effect that the tax increments pledged therein to the payment of the Series 1985 $onds shall be the Modified Series 1985 Tax Increments 3. In order to pay the principal of the interest on the Series 1986 Bonds, when due, the Authority hereby pledges to the City, for deposit in the Series 1986 Debt Service Fund established by Che Series 1986 Bond Resolution for the ' payment o£ the bonds, and the Authorrty shall pay to the Cit}• Pre-Crossover Available Tax Increments and Post-Crossover Available tax Incraments at the times, in the amounts, and for the specific purposes set forth in the Sexies Page 2- Amended Tax Increment Pledge Agreement ' 1986 Bond Resolution, including without limitation paragraph 13 thereof, and, to the extent such tax increments are ever insufficient for such purposes, and the City, pursuant to the Series 1986 Bond Resolution, advances City funds to provide prompt and full payment of the Series 1986 Sonds, the Authority agrees to reimburse the City for such advances from such tax increments, when collected by the Authority 4 Paragraph 3 of the Tax Increment Pledge Agreement shall be amended to provide as follows In each calendar year (the "Current Year"), the tax increments which Che Authority shall receive in the prior calendar year from its Tax Increment Financing District No 6 shall be applied in the following pnority a First, to pay the principal and interest payable in the Current Year on the District 6 Bonds, and for this purpose, and prior redemptions of the Bonds shall be deemed to be a redemption of the District 6 Bonds only if and to the extent that such redemption is made with proceeds of the District 6 Bonds which were not expended for the purposes for which the District 6 Bonds were issued; b Second, to pay the amounts payable in the Current Year on the Authority's $5,603,755 80 Limited Revenue Capital Appreciation Tax Increment Note (the "Capital Appreciation Note"), and ' c Third, to prepay the District 6 Bonds, to the extent that such Bonds are prepayable in the Current Year, and d Fourth, to prepay the Capital Appreciation Note, to the extent such Note are prepayable in the Current Year, and e Fifth, to compensate for any shortfall of tax increments pledged to te Bonds pursuant to paragraph 2 hereof, and f Sixth and finally, for application to any other purpose which the Authority, in its sole discretion, may determine " 5 An executed copy of this Agreement sha11 be filed with the County Auditor of Anoka County, as required by Minnesota Statutes, Section 273 77 (a) 6 The Tax Increment Pledge Agreement sha11 remain in full force and effect in accordance with its terms, as amended by this Agreement 7 This Agreement shall become effective upon the actual issuance and delivery of the Series 1986 Bonds ' Page 3- Amended Tax Increment Pledge Agreement ' IN WITNESS WHEREOF, the City and the Authority have caused this Agreement to be duly executed as of the day and year first above written CITY OF FRIDLEY, MINNESOTA ATTEST -�«�� (.,/, ! r� � �d�. City Clerk (SEAL) � � By V V l/�/v`'°"^" / Its Mayor ��` � - � � s l�'���1«, /�'"%- �� � - yI st City Manager � HOUSING AND REDEVELOPMENT AUTHORITY IN AND EaR THS CITY OF�FRIDLJEY, MINNES�pTA ;-� / ! �� � i , � �_� , � ,, / y� �y ��c,,ui.<.�.� ,- . �e.�,��..,,-�- ��Its Chairman �' B�/�` ��(���t f'� ,/,..� .� Its Director