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HomeMy WebLinkAbout03-11-2013 EDA PacketAGENDA ECONOMIC DEVELOPMENT AUTHORITY MEETING MONDAY, MARCH 11, 2013 6:15 P.M. City Council Chambers 1. Call to Order and Roll Call 2. Consideration of Minutes of February 25, 2013 3. Public Hearing to Consider the Sale of Property to Lino Lakes Assisted Living, Mary Alice Divine a) Consideration of Resolution No. 13-03 Approving a Purchase and Redevelopment Agreement Between the Lino Lakes Economic Development Authority and Lino Lakes Housing Limited Partnership and Related Subordination Agreement 4. Adjourn EDA MINUTES February 25, 2013 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT: : February 25, 2013 . 6:20 p.m. . 6:25 p.m. : Commissioners O'Donnell, Roeser, Reinert, Rafferty, Stoesz . None : Mary Divine, Mike Grochala The meeting was called to order at 6:20 p.m. by President Rafferty. CONSIDERATION OF THE MINUTES OF JANUARY 14, 2013 EDA Member Reinert moved to approve the January 14, 2013 minutes. EDA Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. CONSIDERATION OF LETTER OF INTENT REGARDING CONVEYANCE OF PARCEL IN LEGACY AT WOODS EDGE Mary Divine, Economic Development Coordinator, informed the members that Lino Lakes Assisted Living (LLAL) wants to expand their facilities by purchasing addition property within Legacy at Woods Edge. Since the property is tax forfeit, staff has worked with Anoka County on a plan to purchase said property. The resolution authorizes a non -binding letter of intent from the city to Anoka County proposing the terms of the purchase. EDA member O'Donnell moved to approve Resolution No. 13-02 as presented. EDA member Rafferty seconded the motion. Motion carried on a unanimous voice vote. CONSIDERATION OF RESOLUTION SEEKING SPECIAL LEGISLATION REGARDING THE CONVEYANCE OF CERTAIN TAX -FORFEITED LAND FROM ANOKA COUNTY TO THE ECONOMIC DEVELOPMENT AUTHORITY Mary Divine, Economic Development Coordinator, explained the terms of special legislation that would allow the EDA to purchase the property within the Legacy at Woods Edge area. EDA Member Roeser suggested it is good for the city to find this way to remove a cloud over the property and make it more marketable. He acknowledged the assistance of Anoka County Commissioner Rhonda Sivarajah in the ability to bring this forward. EDA Chair Rafferty moved to approve Resolution No. 13-01 as presented. EDA Member Stoesz seconded the motion. Motion carried on a unanimous voice vote. ADJOURNMENT There being no further business, EDA Chair Rafferty moved to adjourn. EDA Member Stoesz seconded the motion. Motion carried on a unanimous voice vote. Meeting adjourned at 7:02 p.m. 1 LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 13-03 RESOLUTION APPROVING A PURCHASE AND REDEVELOPMENT AGREEMENT BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY AND LINO LAKES HOUSING LIMITED PARTNERSHIP AND RELATED SUBORDINATION AGREEMENT BE IT RESOLVED By the Board of Commissioners ("Board") of the Lino Lakes Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. The property described as Outlot A, The Village No. 4, according to the recorded plat thereof, Anoka County, Minnesota (the "Property") is a tax -forfeited parcel located with the Legacy at Woods Edge Development. 1.02. The Property is immediately adjacent to the parcel now occupied by the assisted living facility owned by Lino Lakes Assisted Living, LLC ("LLAL"), and LLAL has proposed to acquire the Property in order to expand its facility. 1.03. The Authority has entered into a letter of intent (the "LOI") with Anoka County (the "County") describing terms under which the Authority will acquire the Property, with the intent to re -convey it to LLAL. 1.04. The Board has reviewed terms of a proposed Purchase and Redevelopment Agreement between the Authority and LLAL (the "Purchase Agreement"), providing for conveyance by the Authority of the Property to LLAL (after the Authority obtains a State tax deed in accordance with the LOI), and the subsequent development of that Property by LLAL. 1.05. In accordance with Minnesota Statutes, Section 469.105, subd. 2, the Authority has on this date held a duly noticed public hearing regarding conveyance of the Property to LLAL. 1.06. The Authority finds that conveyance of the Property to LLAL in accordance with the Purchase Agreement is in the best interests of the City and its residents, and that the transaction furthers the Authority's general plan of economic development. 1.07. LLAL has also requested that the Authority subordinate its rights under the Purchase Agreement to LLAL's lender (the "Lender"), which the Authority acknowledges is reasonably necessary for LLAL to obtain financing needed to acquire the Property and construct the required improvements thereon. 1.08. The Authority has reviewed a proposed Subordination Agreement among the Authority, LLAL, and a Lender to be named (the "Subordination Agreement"), and has determined that it is in the best interests of the Authority to approve that document. 419695v1 SJB LN140-109 Section 2. Authority Approval; Further Proceedings. 2.01. The Purchase Agreement and Subordination Agreement are each hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute, on behalf of the Authority, the Purchase Agreement, the Subordination Agreement, and any documents referenced therein requiring execution by the Authority or otherwise required to effectuate the transaction described in those documents. 2.03. Authority staff and consultants are authorized and directed to take all actions needed to carry out the transactions describe din this Resolution. Approved by the Board of Directors of the Lino Lakes Economic Development Authority, this l l th day of March, 2013. ATTEST: Secretary 419695v1 SJB LN140-109 2 President