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HomeMy WebLinkAboutResolution 05-59 11/28/2005 . . . . . Resolution No. 05 - ~ A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT TO ADVANCE $1.5 MaLlON TO THE SPRINGFIELD ECONOMIC DEVELOPMENT AGENCY FOR COSTS OF URBAN RENEWAL PROJECTS. WHEREAS, the City of Springfield (the "City") is authorized by Oregon Revised Statues . Chapter 190 to enter into intergovernmental agreements; and, WHEREAS, the City and the Springfield Economic Development Agency ("SEDA") have developed a cooperative agreement between the two agencies for the City to provide . administrative and other services to SEDA; and WHEREAS, the cooperative agreement between SEDA and the City also states that SEDA may borrow funds from time to time at terms and conditions agreeable to City and SEDA; and, WHEREAS, the City and SEDA desire to enter into an Intergovernmental Agreement to permit SEDA to borrow up to $1.5 million from the City for costs of Projects or Project-related administrative expenses authorized by law; now, therefore, it is hereby RESOLVED AS FOLLOWS: Section 1. Financing Agreement Authorized. The City is hereby authorized to enter into an intergovernmental agreement with SEDA that authorized the City to advance, and authorizes SEDA to borrow, up to $1.5 million during fiscal year 2005-06 to [mance urban renewal projects and project-related administration expenses authorized by law. The City Manager or the City Finance Director (a "City Official") are hereby authorized, on behalf of the City and without further action by the City Council to: (1) Negotiate the final terms ofthe intergovernmental agreement and execute the intergovernmental agreement on behalf of the City. The intergovernmental agreement shall be in substantially the form attached to this resolution as Exhibit A, but with such changes the Agency Official may approve. (2) Execute and deliver any other certificates or documents, and take any other actions which the City Official determines are desirable to carry out this resolution. DATED this 28th day of November, 2005. Adopted by the Common Council and approved by the Mayor of the City of Springfield, Oregon by a vote of 5 in favor and 0 against (1 absent) Attest: ~. A3Nl:IOllV All8 :10 381~~0 .-S. ('"1\ ~ ~ ~ :31'10 '-+\~ , -.-,n- C-Cl <\ VlJtlO.::J 01 SV tHAOMddV ~ CHM31J\3H EXHIBIT A TO RESOLUTION INTERGOVERNMENT AL AGREEMENT TO ADVANCE AND REPAY FUNDS NEEDED FOR URBAN RENEWAL PROJECT by and between the Springfield Economic Development Agency, Oregon and the City of Springfield, Oregon Dated as of 1I/Z.Gj, 2005 . . . Table of Contents Page 1. DEFINITIONS AND RECITALS. .................. .... ................. ................................ ....... ........ ....... ...................... 1 1.1 DEFINITIONS. .... ......... ........... .................. ............................. ........... ....... .......... ....................... ...... ... ... ... ..... ] 1.2 RECITALS................................................................................................................................. ................... 1 2. THE REP A yMENTS........................................................................................................................................ 2 2.1 ADVANCES. ................................................................................................................................. ............... 2 2.2 INTEREST. ............................................................................................................................... .................... 2 2.3 REPAYMENT. ....................................................................... ,...................................................................... 2 2.4 SECURITY FOR THE OBLIGATION OF SEDA TO PAY THE REPAYMENTS. ......................................................2 3. MISCELLANEOUS .......................................................................................................................................... 2 3.1 BINDING EFFECT.. ........... ..................... ............ .... .............. ......... ............................. ................. ... .... ... ........ 2 3.2 SEVERABILITY. ............................................................................................................................... ............ 2 3.3 AMENDMENTS. .............................................................................................................................. ............. 2 3.4 EXECUTION IN COUNTERPARTS. ........................................................ ............ ............................................. 3 3.5 ApPLICABLE LAW. ...................................................................................................................................... 3 3.6 RULES OF CONSTRUCTION. ........................ .... .................... ......... ....... ................................. ... .... ................. 3 3.7 HEADINGS. ................................................................................................................................ ................. 3 Exhibit A to Resolution . . . , . Table of Contents Page INTERGOVERNMENT AL AGREEMENT TO MAKE REPAYMENTS This Intergovernmental Agreement to Make Repayments is dated as of IljZq, 2005, and is entered into by and between the Springfield Economic Development Agency, the urban renewal agency of the City of Springfield, Oregon, ("SED A") and the City of Springfield, Oregon (the "City"). The parties hereby agree as follows: 1. Definitions and Recitals. 1.1 Definitions. Unless the context clearly requires otherwise, capitalized terms used in this Intergovernmental Agreement shall have the following meanings unless the context clearly requires otherwise: "Intergovernmental Agreement" means this Intergovernmental Agreement between the City and SEDA. "Outstanding Balance" means the sum of all advances to SEDA by the City under Section 2.1 of this Intergovernmental Agreement, less all Repayments of principal that have been made by SEDA. "Repayments" means the payments SEDA is required to make to the City under Section 2.3 of this Intergovernmental Agreement. "Projects" means urban renewal projects that are properly described in SEDA's urban renewal plan for the Glenwood Urban Renewal Area, and any other costs for which the Tax Increment Revenues may be spent under Oregon law. However, "Projects" shall not include any loans to third parties unless the loans receive the prior written approval of the City. "Tax Increment Revenues" means all revenues which SEDA collects from the Glenwood Urban Renewal Area under the provisions of Article IX, Section I c of the Oregon Constitution and ORS Chapter 457. 1.2 Recitals. A. The City and SEDA have developed a cooperative agreement between the two agencies for the City to provide administrative and other services to SEDA. B. The cooperative agreement between SEDA and the City also states that SEDA may borrow funds from time to time at terms and conditions agreeable to City and SEDA; C. The City and SEDA enter into this Intergovernmental Agreement to permit SEDA to borrow up to $1.5 million from the City for costs of Projects or Project-related administrative expenses as authorized by law. Page I of 5, Exhibit A to Resolution J:ICITIESISPRINGFIELDlURA-CITY LOAN\CITY. SEDA LOAN lGA 101805.DOC I 1/29/05 11 :51 AM . . . . . Table of Contents Page 2. The Repayments. 2.1 Advances. The City agrees to advance up to $1,500,000 to SEDA during fiscal year 2005-2006, upon receipt of written requests from SEDA. SEDA agrees not to request advances more than 30 days prior to the time SEDA expects to spend the amount that is advanced. Before funding any advance the City may require reasonable supporting documentation in addition to the written request. In addition, the City may bill SEDA quarterly for administrative expenses incurred by the City for the benefit of SEDA. If SEDA fails to make timely payment of those invoices, the City will treat the amount that is not paid as an additional advance to SEDA under this intergovernmental agreement. The City shall notify SEDA if it so treats any unpaid invoice. 2.2 Interest. The Outstanding Balance shall bear interest at the rate paid to depositors by the Oregon Short Term Fund (also known as the "Local Government Investment Pool"), accrued monthly. 2.3 Repayment. SEDA shall transfer all Tax Increment Revenues it receives to the City within 15 days after those tax increment revenues are received. Tax Increment Revenues paid by SEDA to the City shall be applied first, to pay accrued interest, and second to reduce the Outstanding Balance. 2.4 Security for the Obligation of SEDA to Pay the Repayments. SEDA hereby pledges its Tax Increment Revenues to pay the amounts described in Section 2.1 of this Intergovernmental Agreement, and this Intergovernmental Agreement shall constitute an indebtedness of SEDA. The pledge of the Tax Increment Revenues shall be superior to all other pledges or commitments of Tax Increment Revenues that SEDA makes, unless the City agrees in writing to subordinate its claim against the Tax Increment Revenues. 3. Miscellaneous 3.1 Binding Effect. This Intergovernmental Agreement shall inure to the benefit of and shall be binding upon SEDA and the City and their respective successors and assigns. 3.2 Severability. In the event any provisions of this Intergovernmental Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. Page 2 of 5, Exhibit A to Resolution J:\CITIES\SPRlNGFJELDlURA-CITY LOANICITY - SEDA LOAN IGA tOIBOS.DOC 11/29/05 1l:51 AM . I. . " . Table of Contents I Page 3.3 Amendments. This Intergovernmental Agreement may be amended only by a writing signed by both parties. . 3.4 Execution in Counterparts. This Intergovernmental Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute the same instrument. 3.5 Applicable Law. . This Intergovermnental Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Any action regarding this Intergovernmental Agreement or the transactions contemplated hereby shall be brought in an appropriate court of the State of Oregon in Lane County, Oregon. 3.6 Rules of Construction. References to section numbers in documents which do not specify the document in which the section is located shall be construed as references to section numbers in this Intergovernmental Agreement. 3.7 Headings. The headings, titles and table of contents in this Intergovernmental Agreement are provided for convenience and shall not affect the meaning, construction or effect of this Intergovernmental Agreement. IN WITNESS WHEREOF, SEDA and the City have executed this Intergovernmental Agreement as of the date indicated above. Springfield Economic Development Agency . ~~ A~ City of Springfield, Oregon Page 3 of 5, Exhibit A to Resolution J:ICITIESISPRINGFIELDIURA-CITY LOANlCITY - SEDA LOAN IGA IOt805.DOC t 1/29/05 11:51 AM