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EDA Resolution 2018-11CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2018-11 RESOLUTION APPROVING DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 1-35 BE IT RESOLVED By the Board of Commissioners ("Board") of the City of Monticello Economic Development Authority (the "Authority") as follows: Section 1. Recitals. 1.01. The City previously established the Tax Increment Financing District No. 1-35 (the "TIF District"), a redevelopment TIF District, within Central Monticello Redevelopment Project No. 1 in the City and approved a Tax Increment Financing Plan ("TIF Plan") for the TIF District. The TIF District is administered by the Authority. 1.02. Pursuant to the terms of the Contract for Private Development between the Authority, as assignee of the Housing and Redevelopment Authority in and for the City of Monticello, Minnesota, and Masters Fifth Avenue, Inc. (the "Developer"), dated September 7, 2005, as amended (the "Agreement"), the Authority granted tax increment financing assistance to the Developer in the form of a tax increment revenue note (the "TIF Note") to reimburse the Developer for the purchase price of the Property through tax increments from the TIF District. The Agreement provided that payments of principal and interest on the TIF Note would commence upon receipt by the Authority of tax increment from the Minimum Improvements to be constructed on the Property. 1.03. Despite five amendments extending the required dates of commencement and completion of construction of the Minimum Improvements, the Developer has not commenced construction of the Minimum Improvements as of the date hereof, and has notified the Authority that Developer will not construct the Minimum Improvements and has requested that the parties terminate the Agreement and decertify the TIF District. 1.04. The Authority agrees that decertification of the TIF District and termination of the Agreement are in the best interest of the Authority and City, because such actions will allow the creation of a new housing tax increment financing district encompassing the Property, thereby increasing workforce rental housing options for City residents. Section 2. TIF District Decertified; Filing. 2.01. The Authority hereby approves decertification of the TIF District. 2.02. Subject to formal decertification of the TIF District by the City, Authority staff is authorized and directed to transmit a copy of this Resolution to Wright County with instructions to decertify the TIF District as of the date hereof, it being the intent of the City and Authority WOMMIS 1211uInW0151Fi that any tax increment derived from the TIF District and collected after the date hereof should be redistributed by the County Auditor to the taxing jurisdictions within the TIF District. 2.03. The TIF District has not generated any tax increment as of the date hereof, but if any tax increment derived from the TIF District is generated and received by the Authority after the date hereof, Authority staff is directed to return such tax increment to the County Auditor for distribution to the taxing jurisdictions within the TIF District. Adopted by the Board of Commissioners of the City of Monticello Economic Development Authority this 13th day of June, 2018. Presi ent EST: / f xe tive Director 526319v1 MN1 MN190-115 2