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HomeMy WebLinkAboutJPA - Scott County HRA & Prior Lake EDA F~ SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 16049 Franklin Trail S.E. #104 Prior Lake, Minnesota 55372 (612) 447-8875 Fax (812) 447-8885 ~ ~ IIIII October 24, 1997 William I. Jaffa Executive Director Frank Boyles, City Manager 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 RE: Joint Powers Agreement Dear Frank: I want to thank you and the Economic Development Authority Board of Commissioners for the opportunity to discuss potential redevelopment partnerships between our respective organizations. Enclosed for EDA review are three current Joint Powers Agreements that are presently in place with the County, cities of Savage and Shakopee. Two are for land banking and one is for redevelopment activity. I would recommend that your EDA consider designating the Prior Lake downtown revitalization steering committee as the central group to work with the Scott County HRA team in the development of a concept plan beginning with a shared cost retail/commercial study of the downtown target area. This could be the basis for a Joint Powers Agreement with the Scott County HRA and Prior Lake EDA. As I stated earlier, the initial Joint Powers Agreement does not have to be a restrictive covenant but rather sets the stage for shared involvement. I look forward to continued dialogue with the Prior Lake EDA. Thank you for your consideration in this matter. Sincerely, t;P William I. Jaffa Executive Director WIJ:ejm ENCLOSURES cc: Gene White, HRA Commissioner Maynard Harms. District I Clarence Kaiser, District II Marjorie Henderson. District III Gene White, District IV James Siekmann, District V An Equal Opportunity / Affirmative Acrion Employer d:WIJ\PRIORLAKEDA JOINT POWERS AGREEMENT FOR A REDEVELOPMENT PROJECT THIS JOINT POWERS AGREEMENT (the "Agreement") has been entered into as of the 1st day of August, 1996, by and between the Scott County Housing and Redevelopment Authority, a public body corporate and politic and a political subdivision of the state of Minnesota (the "Scott County Authority"), and the City of Shakopee Economic Development Authority, a public body corporate and politic and a political subdivision of the state of Minnesota (the "Shakopee Authority" and, together with the Scott County Authority, the "Authorities"), pursuant to Minnesota Statutes, Section 471.59 and Chapter 469. 1. Statement OfPUl:pose and Powers to be Exercised. There is a need within the City of Shakopee to redevelop that certain property described in Exhibit A attached hereto (the "Redevelopment Property"), by acquiring and demolishing existing buildings and redeveloping such property. It is anticipated that such redevelopment will include the acquisition and construction of multifamily rental housing for elderly moderate income individuals and certain commercial or retail space (the "Project"). The powers to be exercised jointly under this Agreement are those common or substantially similar powers conferred upon the Scott County Authority as a county housing and redevelopment authority and upon the Shakopee Authority as an economic development authority, pursuant to Minnesota Statutes, Chapter 469, to undertake redevelopment projects and housing development projects. 2. Method of Achievin2 PUl:pose: Manner of Exercisin2 Power. The powers to be jointly exercised by the Authorities hereunder in general shall be exercised by the Scott County Authority, provided however, that: (a) there shall be submitted to the Shakopee Authority for approval (I) any Redevelopment Plan or Housing Development Plan adopted by the Scott County Authority, and (II) the fmal site plan and exterior design for the Project; and (b) decisions with respect to the design of the Project shall be subject to the approval of the "Design Committee" described below. The Project shall be owned, managed and operated by the Scott County Authority. The development and redevelopment of the Project shall be managed, administered and undertaken by the Scott County Authority. The Scott County Authority shall adhere to applicable municipal building codes in connection with the construction of the Project. Joint Powers Agreemenl 1420999 3. Source and Contribution of Funds. Except as otherwise agreed by the parties hereto, the source of funds for the development and redevelopment of the Project and any other joint exercise of powers undertaken by the Authorities pursuant to this Agreement shall be: (a) as to the market study, equal amounts to be contributed by each of the Authorities; (b) as to the acquisition of the Redevelopment Property, amounts provided by the Shakopee EDA; (c) as to other expenses incurred in connection with the development of the Redevelopment Property and the acquisition and construction of the Project, the proceeds of any bonds issued by the Scott County Authority to finance all or any portion of the development or redevelopment of the Project; and any other sources from time to time pledged by either of the parties hereto; (d) as to the operation, maintenance, repair and replacement of the Project from time to time, revenues generated by the Project and any other amounts from time to time pledged by either of the parties hereto; and (e) as to any of the foregoing costs, other sources from time to time identified by the parties hereto. Notwithstanding the foregoing, nothing herein shall obligate either of the Authorities to contribute other moneys with respect to the redevelopment of the Project. 4. Budget and Disbursements. The Authorities shall develop budgets for the joint exercise of powers hereunder relating to the development of the Project. The Scott County Authority shall develop ongoing annual budgets relating to the operation and maintenance of the Project. Moneys and funds shall be held, applied, disbursed, and accounted for in such manner as provided in any bond or other financing documents, or otherwise as the Scott County Authority may determine to be appropriate. Any surplus ftmds received or generated hereunder shall be the property of the Scott County Authority and shall be used by the Scott County Authority to promote housing or commercial development activities within the City of Shakopee, except as otherwise expressly agreed in writing by the parties hereto. 5. Liability for Debts and Obligations. Neither of the Authorities shall have the power hereunder to do any act or thing the effect of which is to create a charge on or lien against the property or revenues of the other Authority. 6. Term of A~eement: Termination. This Agreement shall remain in effect during the term of any financing or refinancing issued by either of the Authorities for the benefit of the Project pursuant to this Agreement. Joinl Powen Agreement 1420999 2 7. Distribution of Assets Upon Termination. Except to the extent provided in any other agreement between the parties, including. without limitation, a purchase agreement relating to the Redevelopment Property, upon termination of this Agreement, any property acquired as the result of this Agreement and any surplus moneys shall be and remain the property of the Scott County Authority to be used by the Authority for housing or commercial development activities within Shakopee, except to the extent otherwise expressly agreed in writing by the parties hereto. 8. Procedures for and Exercise of Joint Powers. A. Project Design Approval. The site plan and architectural design of facilities to be constructed or rehabilitated in connection with the development or redevelopment of the Project shall be approved by a Design Committee comprised of 5 members, including a staff member and board member appointed by the Scott County Authority, a staff member and board member appointed by the Shakopee Authority, and a member of the Shakopee Downtown Business Council appointed by such council. The final site plan and exterior design for the Project shall be submitted to the Shakopee Authority for approval. The Design Committee shall make at least one progress report each month to the Scott County Authority and to the Shako pee Authority. B. Procedures for other Actions. In all other matters requiring action by or on behalf of the Authorities, or either of them, including the execution and delivery of documents and agreements, such action may be taken by the appropriate officers of the respective Authorities. 9. Amendments. This Agreement, including any attachments exhibits or prior amendments, may be amended, at any time and from time to time, by the written consent of each of the Authorities. Joint Powers Agreement 1420999 .., J IN WITNESS WHEREOF, the Scott County Authority and the Shakopee Authority have each caused this Agreement to be executed on its behalfby their respective authorized officers have each caused their official seal, if any, to be affixed hereto, all as of the day and year first above written. SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By '$<17;:f7f2?~'<JP7)) Its .. (SEAL ) Joint Powers Agreement 1420999 4 (SEAL) SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY; ~ / /'" By ,~) {(;fl., . '.l . . Its President-f/ L! -1A. () ~ By V~ Its Executive Director Joint Powers Agreement 1420999 5 ill" Ie ATTACHMENT A Legal Description Blocks 3 and 4, Old Shakopee Plat, except the right-of-way for State Trunk Highway 101. City of Shakopee, County of Scott, Minnesota. ATT ACHADOC/RML JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (the "Agreement") has been entered into as of the 1st day of August, 1996, by and between the SCOIT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, a public body corporate and politic and a political subdivision of the state of Minnesota (the "Scott County Authority"), and the CITY OF SAVAGE ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic and a political subdivision of the state of Minnesota (the "Savage Authority" and, together with the Scott County Authority, the "Authorities"), pursuant to Minnesota Statutes, Section 471.59 and Chapter 469. I. Statement ofPur:pose and Powers to be Exercised. There is a need within the City of Savage for the acquisition of certain real property located within the City which may be needed for the development of low and moderate income housing, or may require redevelopment, or both. Accordingly, the powers to be exercised jointly under this Agreement are those common or substantially similar powers conferred upon the Scott County Authority as a county housing and redevelopment authority and upon the Savage Authority as an economic development authority, pursuant to Minnesota Statutes, Chapter 469, including, without limitation, Sections 469.012, Subd. 1(7), and 469.017, to the extent necessary to provide for the acquisition of such real property, the development or redevelopment thereof and the provision of low and moderate income housing development projects. 2. Method of Achievini Pur:pose: Manner of Exercisini Power. (a) The powers to be jointly exercised by the Authorities hereunder generally shall be exercised by the Savage Authority, provided however, that specific development activities from time to time, including, without limitation, the acquisition of real property and the development of housing constituting a housing development project, shall be exercised by the Scott County Authority pursuant to this agreement with prior approval of the Savage Authority, and, to the extent deemed necessary by the Scott County Authority, following execution and delivery of additional written agreements from time to time made between the Authorities relating to specific activities. It is the intent of the parties that any governmentally owned housing development project would be developed, owned and operated by the Scott County Authority. (b) Initially, the Scott County Authority shall use its best efforts to acquire certain real property identified by the Savage Authority as anticipated to be used for housing purposes, or otherwise determined to be appropriate for acquisition pursuant to Section 469.012, Subd. 1(7), or other applicable provisions of Chapter 469, but only from and to the extent that moneys for such acquisition and related costs are provided to the Scott County Authority by the Savage Authority. Following such acquisition, the Savage Authority shall provide funds, from time to time, to pay costs of the Scott County Authority to carry any acquired property, including. without limitation, payments for taxes, insurance, maintenance and repair. A condition precedent to the Scott Joint Powers Agreement. A - 1 1431450 County's obligation to acquire any particular real property hereunder shall be the execution and delivery by the parties hereto, of an agreement acceptable to each of them, relating to (a) the division of responsibilities for ongoing management and maintenance of such property following acquisition, and (b) the terms and conditions of any conveyance of such property to the Savage Authority . 3. Source and Contribution of Funds. Except as otherwise agreed by the parties hereto, the source of funds for the development and redevelopment of the Project and any other joint exercise of powers undertaken by the Authorities pursuant to this Agreement shall be: (a) as to the acquisition and maintenance of real property by the Scott County Authority pursuant to paragraph 2(b), moneys contributed by the Savage Authority; (b) as to other expenses incurred in connection with the development of housing or the redevelopment of real property, amounts from time to time identified by the Authorities in writing, and, as to the development of housing pursuant to any Housing Development Project undertaken in Savage by the Scott County Authority, the proceeds of any bonds issued by the Scott County Authority to finance all or any portion of the development or redevelopment of such project; and any other sources from time to time pledged by either of the parties hereto; (c) as to the operation, maintenance, repair and replacement of any housing development project from time to time, revenues generated by the Project and any other amounts from time to time pledged by either of the parties hereto; and (d) as to any of the foregoing costs, other sources from time to time pledged in writing by the parties hereto. Notwithstanding the foregoing, nothing herein shall obligate either of the Authorities to contribute other moneys with respect to the development or redevelopment of real property or the undertaking ofa housing development project pursuant to this Agreement. 4. Bud~et and Disbursements. Each Authority shall develop budgets relating to the activities to be undertaken by it pursuant to this Agreement. Notwithstanding any other provision hereof" moneys and funds shall be held, applied, disbursed, and accounted for in such manner as provided in any bond or other financing documents, or otherwise as the Authorities may determine to be appropriate. Any surplus funds received or generated by or in connection with activities to be undertaken by the Savage Authority shall be and remain the property of the Savage Authority. Any surplus funds received or generated by activities to be undertaken by the Scott County Authority shall be and remain the property of the Scott County Authority and shall be used by the Scott County Authority to promote housing or commercial development activities within the City of Savage, except as otherwise expressly agreed in writing by the parties hereto. 5. Liability for Debts and Obli2ations. Neither of the Authorities shall have the power hereunder to do any act or thing the effect of which is to create a charge on or lien against the property or revenues of the other Authority. 6. Term of Aweement: Termination. This Agreement shall remain in effect until the later of (a) the repayment in full of any financing or refinancing issued by either of the Authorities for the benefit of activities undertaken pursuant to this Agreement, (b) September I, 1999, and (c) 30 days following notice of termination delivered by either party hereto to the other. 7. Distribution of Assets Upon Termination. Upon termination of this Agreement, any property acquired as the result of this Agreement and any surplus moneys (a) resulting from activities to be undertaken by the Savage Authority shall be and remain the property of the Savage Authority, and (b) resulting from activities to be undertaken by the Scott County Authority shall be and remain the property of the Scott County Authority to be used by the Scott County Authority for housing or commercial development activities within Savage, except to the extent otherwise expressly agreed in writing by the parties hereto. 8. Am'~ndments. This Agreement, including any attachments, exhibits or prior amendments, may be amended, at any time and from time to time, by the written consent of each of the Authorities. IN WITNESS WHEREOF, the Scott County Authority and the Savage Authority have each caused this Agreement to be executed on its behalf by their respective authorized officers have each caused their official seal, if any, to be affixed hereto, all as of the day and year first above written. SCOTI COUNTY HOUSING AND REDEVELOPMENT AUTHORITY Bits~-7P;'~) , (SEAL) SAVAGE ECONOMIC DEVELOPMENT AUTHORITY (SEAL) JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (the "Agreement") has been entered into as of the day of , 1997, by and between the SC01T COUNTY HOUSING AND REDEVELOPMENT AUTHORIIY, a public body corporate and politic and a political subdivision of the state of Minnesota (the "Authority"), and SC01T COUNTY, a public body corporate and politic and a political subdivision of the state of Minnesota (the "County"), pursuant to Minnesota Statutes, Sections 373.01 and 471.59 and Chapter 469. I. Statement of Purpose and Powers to be Exercised. There is a need within the City of Shakopee in Scott County, Minnesota for the acquisition of certain real property located within the City which may be needed for development, or may require redevelopment, or both. Accordingly, the powers to be exercised jointly under this Agreement are those common or substantially similar powers conferred upon the Authority as a county housing and redevelopment authority and upon the County as a political subdivision, pursuant to Minnesota Statutes, Section 373.01 and Chapter 469, including, without limitation, Sections 469.012, Subd. 1(7), and 469.017, to the extent necessary to provide for the acquisition of such real property and the development or redevelopment thereof. 2. Method of Achievin~ Purpose: Manner of Exercisin~ Power. (a) The powers to be jointly exercised by the parties hereunder generally shall be exercised by the Authority, provided however, that specific development activities from time to time shall be exercised by the County pursuant to this Agreement with prior approval of the Authority, and, to the extent deemed necessary by the County, following execution and delivery of additional written agreements from time to time made between the parties hereto relating to specific activities. (b) Initially, the Authority shall use its best efforts to acquire certain real property identified by the County (the "Development Property") as anticipated to be used for housing purposes or otherwise determined to be appropriate for acquisition pursuant to Section 469.012, Subd. 1(7), or other applicable provisions of Chapter 469, but only from and to the extent that moneys for such acquisition and related costs are provided to the Authority by the County. Following such acquisition, the County shall provide funds, from time to time, to pay costs of the Authority to carry any acquired property, including, without limitation, payments for taxes, insurance, maintenance and repair. Except as the parties may otherwise agree in writing, the Authority shall be responsible for ongoing management and maintenance of such property following acquisition. The Authority agrees not to lease any portion of the Development Property for a term longer than six (6) months. Upon assembly of a redevelopment site, including the Development Property, acceptable to the County, and upon the County's obtaining fmancing for redevelopment of the site, this Agreement may be terminated and the Development Property conveyed to the County as provided at Sections 6 and 7 of this Agreement. 3. Source and Contribution of Funds. Except as otherwise agreed by the parties hereto, the source of funds for the development and redevelopment of the Development Property 1548857.02 and any other joint exercise of powers undertaken by the Authorities pursuant to this Agreement shall be: (a) as to the acquisition of real property by the Authority pursuant to paragraph 2(b), moneys contributed by the County; (b) as to the operation, maintenance, repair and replacement of any improvements located on the Development Property from time to time, revenues generated by the Development Property and any other amounts from time to time advanced by the County; and (c) as to any of the foregoing costs, other sources from time to time pledged in writing by the parties hereto. Notwithstanding the foregoing, nothing herein shall obligate the Authority to contribute moneys with respect to the development or redevelopment of real property or the undertaking of a housing development project pursuant to this Agreement. 4. Bud~et and Disbursements. The Authority shall develop budgets relating to the activities to be undertaken by it pursuant to this Agreement and shall prepare annual reports of the operation of the Development Property for the County. Notwithstanding any other provision hereof, moneys and funds shall be held, applied, disbursed, and accounted for in such manner as provided in any bond or other fmancing documents, or otherwise as the parties hereto may detennine to be appropriate. Any surplus funds received or generated by or in connection with aCUVIues to be undertaken by the Authority shall be deposited into a reserve account to cover any operating or capital deficits or to finance redevelopment of the Development Property, except as otherwise expressly agreed in writing by the parties hereto. 5. Liability for Debts and Obli2ations. Neither of the parties hereto shall have the power hereunder to do any act or thing the effect of which is to create a charge on or lien against the property or revenues of the other party, except for the obligation of the County pursuant to Section 3 of this Agreement. 6. Term of A~reement: Termination. This Agreement shall remain in effect until the later of (a) , 199 _, and (b) six (6) months following notice of termination delivered by either party hereto to the other. 7. Distribution of Assets Upon Termination. Upon termination of this Agreement, any property acquired as the result of this Agreement and any surplus moneys resulting from the operation of the Development Property by the Authority shall be transferred and conveyed to the County subject to all encumbrances then existing, except to the extent otherwise expressly agreed in writing by the parties hereto. 1548857.02 2 8. Amendments. This Agreement, including any attachments, exhibits or prior amendments, may be amended, at any time and from time to time, by the written consent of each of the Authorities. '- IN WITNESS WHEREOF, the Authority and the County have each caused this Agreement to be executed on its behalf by their respective authorized officers have each caused their official seal, if any, to be affixed hereto, all as of the day and year first above written. SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By Its Chair (SEAL) By Its Secretary SCOTT COUNTY By Its (SEAL) By Its 1548857.02 ., ~