RES 21-05CITY OF ELK RIVER
RESOLUTION NO 21-5
RESOLUTION APPROVING ASSIGNMENT AND
ASSUMPTION OF TIF DEVELOPMENT ASSISTANCE
AGREEMENT IN CONNECTION WITH JACKSON HILLS
RESIDENTIAL SUITES; AUTHORIZING EXECUTION OF
CONSENT TO SUCH ASSIGNMENT
WHEREAS, the City of Elk River, Minnesota (the "City") executed and entered into that
certain TIF Development Assistance Agreement, dated June 4, 2018 (the "Contract"), with Jackson
Hills Residential Suites, LLC, a Minnesota limited liability company (the "Developer"), for the
construction of an approximately 40-unit multifamily affordable rental housing development and all
related amenities and improvements within the City (the "Facility"); and
WHEREAS, pursuant to the Contract, the City will issue its Taxable Tax Increment
Revenue Note (Jackson Hills Residential Suites, LLC Project) in the original principal amount of
$463,297 (the "TIF Note"); and
WHEREAS, pursuant to a Declaration of Restrictive Covenants, dated June 4, 2018 (the
"Declaration"), between the City and the Developer, the Developer agreed to comply with certain
occupancy restrictions for the Facility; and
WHEREAS, the Developer desires to convey the Facility and assign its rights and
obligations under the Contract, the Declaration, and the TIF Note to GCRE - Jackson Hills, LLC, a
Delaware limited liability company ("New Owner"), pursuant to an Assignment and Assumption of
TIF Assistance Development Agreement between the Developer and New Owner (the "TIF
Assignment") and has requested that the City approve the form of the TIF Assignment and execute
a consent to the TIF Assignment (the "Consent"); and
WHEREAS, the forms of the TIF Assignment and Consent are on file with the City
Administrator.
NOW, THEREFORE, be it resolved by the City Council (the "Council") of the City of Elk
River as follows:
1. The Council hereby approves transfer of the Facility to the New Owner and
approves the TIF Assignment in substantially the form delivered to the City and on file with the
City Administrator and all other documents referenced in or attached to such agreements
(collectively, the "Assignment Documents") and the Mayor and the City Clerk are hereby
authorized and directed to execute the Assignment Documents on behalf of the City and to carry
out, on behalf of the City, the City's obligations thereunder.
2. City staff and officials are authorized to take all actions necessary to perform the
City obligations under the Assignment Documents as a whole, including without limitation
execution of any documents or certifications to which the City is a party referenced in or
attached to the Assignment Documents.
3. The approval hereby given to the Assignment Documents includes approval of
such additional details, modifications thereof, deletions therefrom and additions thereto as may
be necessary and appropriate and approved by legal counsel to the City and by the officers
authorized herein to execute said documents prior to their execution; and said officers are hereby
authorized to approve said changes on behalf of the City. The execution of any instrument by
the appropriate officers of the City herein authorized shall be conclusive evidence of the
approval of such document in accordance with the terms hereof. In the event of absence or
disability of either of such officers, any of the documents authorized by this resolution to be
executed may be executed without further act or authorization of the Council by any duly
designated acting official, or by such other officer or officers of the Council as, in the opinion of
the City Attorney, may act on his or her behalf.
4. The City Finance Director is hereby authorized to execute and deliver to New
Owner a TIF Note registration page, evidencing the New Owner as holder of the TIF Note.
Adopted by the City of Elk River this 19th day of January, 2021.
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Mz#or
ATTEST:
City Clerk
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