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2016-048 Approving Transfer of Excess Fee Revenues to Westbrooke Patio Homes CITY OF HOPKINS HEN EPIN COUNTY, MINNESOTA IE SOLUTION NO. 2016-048 RESOLUTION APPROVING TRANSFER OF EXCESS FEE REVENUES TO WESTBROOKE PATIO HOMES WHEREAS,by Ordinance No. 97-796 adopted February 4, 1997,the City Council established Housing Improvement Area No 2 in order to facilitate certain improvements to property known as the Meadow Creek Condomi iums, and WHEREAS, Minnesota State tatutes authorized the City to issue Housing Improvement Bonds (the "Bonds") in the amount ne essary to defray the expense to be incurred in making the housing improvements; and WHEREAS, the City of Hopki s, in April 1997, entered into a Development Agreement(the "Agreement") with Westbrook Patio Homes Association, Inc; and WHEREAS, Bonds were issue and fees were charged to each housing unit in Housing Improvement Area No. 2 in or r to finance certain improvements as defined in Ordinance No. 97-796; and WHEREAS,the Housing Improvements that were funded by the Bonds have been completed and paid for; and WHEREAS, the one Bond has been paid in full and the second Bond issue will be called in 2018 and the City has determin d that it has excess Fee Revenues as defined in the Agreement; and WHEREAS,the City Council ay,by resolution, specify additional housing improvements (as defined in Ordinance No. 97-7 6)and transfer all or any portion of such excess Fee Revenues into a project fund(the "Suppl ental Project Fund"); and WHEREAS, amounts in the S pplemental Project Fund shall be disbursed to the Association to pay the cost of the housing improvements specified by the Association in accordance with the Development Agreement dated April 9, 1997; NOW, THEREFORE,the City Council of the City of Hopkins, Minnesota hereby resolves as follows: The City of Hopkins shall transfer all such excess Fee Revenues that remain for the projects as specified by the Association and as defined in the Development Agreement dated April 9, 1997 to the Westbrooke Patio Home$ Association to be used for projects specified by Ordinance No. 1 97-759 adopted February 4, 1997. All remaining funds shall be disbursed in accordance with the provisions of the Agreement as they become available from 2016-2019. Adopted by the City Council of Hopkins, Minnesota, this 21st day of June 2016. CITY OF HOPKINS, MINNESOTA /12-1) ,7 Molly Cmings,Mayor ATTEST: MN UM Amy Domeier, City Clerk 2