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135451999v1 <br /> <br /> 3 <br />5. Filing. The City Administrator is further authorized and directed to file a copy of <br />the Modification and TIF Plan for the TIF District with the Commissioner of Revenue and the <br />Office of the State Auditor. <br />6. Interfund Loan. The City has determined that it may pay for certain costs (the <br />"Qualified Costs") identified in the TIF Plan which costs may be financed on a temporary basis <br />from the City's general fund or any other fund from which such advances may be legally made <br />(the "Fund"). Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to <br />advance or loan money from the Fund in order to finance the Qualified Costs. The City intends to <br />reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax increments <br />derived from the TIF District in accordance with the following terms (which terms are referred to <br />collectively as the "Interfund Loan"): <br />(a) The City shall repay to the Fund from which the Qualified Costs are initially <br />paid, the principal amount of $294,321 (or, if less, the amount actually paid from such <br />fund) together with interest at 5.00% per annum (which is not more than the greater of (i) <br />the rate specified under Minnesota Statutes, Section 270C.40, or (ii) the rate specified <br />under Minnesota Statutes, Section 549.09) from the date of the payment. <br />(b) Principal and interest on the Interfund Loan ("Payments") shall be paid <br />annually on each December 31 commencing with the date the tax increments from the TIF <br />District are available and not otherwise pledged to and including the earlier of (a) the date <br />the principal and accrued interest of the Interfund Loan is paid in full, or (b) the date of last <br />receipt of tax increment from the TIF District ("Payment Dates") which Payments will be <br />made in the amount and only to the extent of available tax increments. Payments shall be <br />applied first to accrued interest, and then to unpaid principal. <br />(c) Payments on the Interfund Loan are payable solely from the tax increment <br />generated in the preceding twelve (12) months with respect to the TIF District and remitted <br />to the City by Ramsey County, all in accordance with Minnesota Statutes, Sections 469.174 <br />to 469.1794, as amended. Payments on this Interfund Loan are subordinate to any <br />outstanding or future bonds, notes or contracts secured in whole or in part with tax <br />increment, and are on parity with any other outstanding or future interfund loans secured <br />in whole or in part with tax increments. <br />(d) The principal sum and all accrued interest payable under this Interfund Loan <br />are pre-payable in whole or in part at any time by the City without premium or penalty. <br />No partial prepayment shall affect the amount or timing of any other regular payment <br />otherwise required to be made under this Interfund Loan. <br />(e) The Interfund Loan is evidence of an internal borrowing by the City in <br />accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation <br />payable solely from tax increment pledged to the payment hereof under this resolution. <br />The Interfund Loan and the interest hereon shall not be deemed to constitute a general <br />obligation of the State of Minnesota or any political subdivision thereof, including, without <br />limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof <br />shall be obligated to pay the principal of or interest on the Interfund Loan or other costs