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HomeMy WebLinkAbout09-171 Reassign TIF 1-3/~ PRIG / V ~' ~ 4646 Dakota Street S.E. v x Prior Lake, MN 55372-1714 ~~,,~,,~-~ RESOLUTION 09-171 A RESOLUTION APPROVING ASSIGNMENT OF THE TAX INCREMENT NOTE FOR DISTRICT 1-3 TO PRIOR LAKE STATE BANK Motion By: Millar Second By: LeMair WHEREAS, On December 17, 2001, the City of Prior Lake and Wensmann Homes, Inc. entered into a Development Program for Development District 1 and a Tax Increment Financing Plan for the Establishment of Tax Increment Financing District 1-3; and WHEREAS, On September 3, 2002, the parties entered into a development agreement associated with the Tax Increment Program and Plan; and WHEREAS, The Development Agreement provides at Section 6.9 as follows: "Assignability of Agreement and Note. This agreement and the Note may be assigned only with the prior written consent of the City."; and WHEREAS, On November 18, 2009, Mr. Herbert H. Wensmann representing Wensmann Homes, Inc. and Mr. Robert J. Facente, Jr. representing Prior Lake State Bank requested assignment of the Note for District 1-3 from Wensmann Homes, Inc. to Prior Lake State Bank; and WHEREAS, Documents effectuating the assignment were submitted and reviewed by Ehlers and Associates and deemed acceptable to effectuate the request. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are authorized to execute documents to effectuate the transfer. 3. Costs incurred by the City in conjunction with this transaction will be reimbursed by the requesting parties. PASSED AND ADOPTED THIS 7th DAY OF DECEMBER 2009. YES NO Hau en X Hau en Erickson X Erickson Hedber X Hedber LeMair X LeMair Millar X Millar Frank o s, City Manager www. cityofpriorlake. com --~i'1Ei~'~-Ei~~l~~~ee~'~`k~FiG~191ee~E"=~# 1~1 ~fi~+e~ii 'a~ 1--~ ~~~' Phone 952.447.9800 /Fax 952.447.4245