Loading...
EDA Resolution 2021-04CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 2021-04 RESOLUTION RATIFYING APPROVAL AND EXECUTION OF A COLLATERAL ASSIGNMENT OF TIF NOTE BY GCRE — RIVERTOWN, LLC TO BELLWETHER ENTERPRISE MORTGAGE INVESTMENTS, LLC BE IT RESOLVED By the Board of Commissioners ("Board") of the City of Monticello Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. The Authority currently administers its Redevelopment Project No. 1 (the "Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047, and within the Project has duly established Tax Increment Financing District No. 1-40 (the "TIF District"). 1.02. The Authority and Rivertown Residential Suites, LLC (the "Redeveloper") entered into a Contract for Private Redevelopment dated as of July 11, 2018 (the "Contract"), regarding redevelopment of the property (the "Property") within the TIF District by means of the construction of a multifamily rental housing facility, along with associated parking (the "Minimum Improvements"), on the Property. 1.03. The Redeveloper duly completed construction of the Minimum Improvements, and on November 23, 2020, the Authority issued its Tax Increment Revenue Note (the "TIF Note") to the Redeveloper pursuant to the Contract. 1.04. The Redeveloper and GCRE — Rivertown, LLC (the "Assignee") have entered into an Assignment and Assumption Agreement, providing for the conveyance of the Property to the Assignee and the assumption by the Assignee of Redeveloper's obligations under the Contract, and have further agreed to the transfer of the TIF Note from the Redeveloper to the Assignee. 1.05. In order to receive financing for the acquisition of the Minimum Improvements, the Assignee's mortgage lender, Bellwether Enterprise Mortgage Investments, LLC (the "Lender") requires a collateral assignment of the TIF Note by the Assignee to the Lender, and previously presented a Pledge of TIF Note to the Authority (the "Pledge Agreement"), to which the Authority approved the execution of a consent at a special meeting held on March 24, 2021. 1.06. On March 29, 2021, the Assignee presented a proposed form of Collateral Assignment of Redevelopment Agreement and TIF Note between the Assignee, the Lender, and the Authority (the "Collateral Assignment") to Authority staff and requested execution on behalf of the Authority of the Collateral Assignment in place of the Pledge Agreement. DOCSOPEN\MN 190\156\711528.v 1-3/30/21 1.07. Authority legal counsel has reviewed the Collateral Assignment and determined that it is substantially similar to the Pledge Agreement previously approved by the Authority, such that additional formal approval of the Collateral Assignment is not required prior to execution of the Collateral Assignment by the President and Executive Director. Section 2. Authority Ratification of Approval; Other Proceedings. 2.01. The Collateral Assignment is hereby found and determined to be substantially similar to the Pledge Agreement previously approved by the Board, and the Board ratifies its approval of the Collateral Assignment. 2.02. The Board hereby approves and ratifies the actions of the President and Executive Director in executing the Collateral Assignment in the form presented to such officials. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Approved by the Board of Commissioners of the City of Monticello Economic Development Authority this — day of April, 2021. r 0 President ATTEST: Secre DOCSOPEN\MN 190\156\711528.v 1-3/30/21