HRA RES 2007-04 - 00014431HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
FRIDLEY, COUNTY OF ANOKA, STATE OF MINNESOTA
HRA RESOLUTION NO. 2007-04
A RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF A
MEMORANDUM OF UNDERSTANDING BETWEEN THE HOUSING AND
REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY,
MINNESOTA AND ANOKA COUNTY REGIONAL RAILROAD AUTHORITY
BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and
Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority") as follows:
Section 1. Recitals.
1.01. It has been proposed that the Authority enter into a Memorandum of Understanding
(the "MOU") between the Authority and Anoka County Regional Railroad Authority. (the
"ACRRA"), as shown in Attachment 1.
Section 2. Findin�s.
2.01 The Authority hereby finds that it has approved and adopted a development program
known as the Redevelopment Plan for its Redevelopment Project No. 1(the "Redevelopment
Program") pursuant to Minnesota Statutes, Section 469.001 et seq., as amended and supplemented
from time to time.
2.02 The Authority hereby finds that the MOU promotes the objectives set forth in its
Redevelopment Program.
Section 3. Authorization for Execution and Deliverv.
3.O 1 The Chairman and the Executive Director (the "Officers") of the Authority are hereby
authorized to execute and deliver the MOU when the following condition is met:
Substantial conformity of the MOU to the form of MOU presented to
the Authority as of this date, with such additions and modifications as
the Officers may deem desirable or necessary as evidenced by their
execution of the MOU.
PASSED AND ADOPTED BY THE HOUSIN AND REDEVELOPMENT AUTHORITY 1N
AND FOR THE CITY OF FRIDLEY THIS ls D Y NOVE 2007.
L wrence R. C mmers, Chairman
ATTEST:
. w
.
William W. Burns, Executive Director
HRA Resolution No. 2007-04
Page 2
Attachment 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF FRIDLEY, MINNESOTA
AND
ANOKA COUNTY REGIONAL RAILROAD AUTHORITY
WHEREAS, The Anoka County Regional Railroad Authority (the "ACRRA"), is an
incorporated regional railroad authority as defined in Minn. Statutes § Section 398A.01 and following
and has the powers enumerated therein including the power to enter into and perform the obligations
in this Memorandum of Understanding (the "MOU"); and
WHEREAS, ACRRA intends to execute a memorandum of understanding with the
Minnesota Department of Transportation (the "MN/DOT") in which ACRRA will be MN/DOT's
designee to enter into the Underpass Construction Agreement as provided for in Minn. Statutes §
Section 174. 82 (the AC�/DOT memorandum of understanding is attached as an e�ibit to the
MOU); and
WHEREAS, the Housing and Redevelopment Authority in and for the City of Fridley,
Minnesota (the "HRA") is a duly constituted housing and redevelopment authority as defined in
Minn. Statutes § 469.001 and following and has the powers enumerated therein including the power
to enter into and perform the obligations in the MOU; and
WHEREAS, the HRA has adopted a Redevelopment Plan for Redevelopment Project No. 1
and has included the area for Fridley Station in its Redevelopment Project No. 1.
THEREFORE, pursuant to the MOU:
I. ACRRA will:
A. Execute the Underpass Construction Agreement, substantially in the form attached as
Exhibit A to the ACRRA MN/DOT memorandum of understanding and deliver it to
BNSF on or before November 13, 2007;
B. Provide periodic progress reports to the HRA;
C. Pay for the costs of constructing the tunnel in accordance with the Underpass
Construction Agreement;
II. HRA will:
A. Provide, if possible, a construction easement to allow BNSF to construct the tunnel in
accordance with the Underpass Construction Agreement or, if not possible, the
funding for such an easement;
B. Provide funding for the acquisition of property described in paragraph III, B.
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HRA Resolution No. 2007-04
Page 3
III. ACRRA and HRA will:
A. Work jointly to seek MetCouncil, State or Federal funding or reimbursement offunds
to design and construct the platform, the tunnel, park and ride and other public
improvements and to acquire the site;
B. Work jointly with the City, MetCouncil and MN/DOT to determine the appropriate
entity to acquire any property not currently owned by ACRRA which is necessary and
convenient for the construction, development and maximum utilization of the Fridley
Station.
This MOU is not a binding contract between HRA and the ACRRA. Either HRA or the
ACRRA may, upon written notice to the party, amend or discontinue its role, as outlined in this
MOU.
IN WITNESS WHEREOF, the parties have caused this MOU to be duly executed intending
to be bound thereby.
Anoka County Regional Railroad Authority
By: _
Dated:
Attest:
Dated:
Dan Erhart, Chair
Tim Yantos, Executive Director
Housing and Redevelopment Authority in and for the City of Fridley, Minnesota
I�
I�
Lawrence R. Commers, Chairman
William W. Burns, Executive Director
Dated: November 1, 2007