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1990-061 ~ ~A . . RESOLUTION 90-61 APPROVING ISSUANCE BY THE CITY OF REFUNDING REVENUE BONDS ON BEHALF OF THE AUGUSTANA HOME OF MINNEAPOLIS FOR CHAPEL VIEW PROJECT WHEREAS, the City of Hopkins (the "City") has issued its City of Hopkins Housing Mortgage Revenue Bonds (Chapel View, Inc. Project), Series 1984, in the original aggregate principal amount of $3,945,000 (the "Original Bonds") to provide financing for a senlor housing project located at 605 Minnetonka Mills Road (the "Project") in the City, under the sponsorship of Chapel View, Inc., a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and WHEREAS, The Augustana Home of Minneapolis, a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Corporation"), has proposed, in connection with the acquisition by the Corporation of the Project and the adjacent 128-bed nursing home facillty, that the City issue its refunding revenue bonds in an aggregate principal amount of approximately $3,500,000 (the "Refunding Bonds") for the purpose of dlscharging and redeeming the Original Bonds, in order, inter alia, to provide refinanclng for the Project; and WHEREAS, the Refunding Bonds are not to constitute a general obligation of the City, but are to be repaid solely from loan repayments to be made by the Corporation and will be further secured by a mortgage lien to be granted by the Corporation with respect to the financed facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY, AS FOLLOWS: 1. The issuance of the Refundlng Bonds by the City is hereby approved, subject only to the adoption by the City of a definltive Bond Resolution approvlng the final details of the Refundlng Bonds and the forms of the documents to be entered into in connection therewlth. The Corporatlon, Faegre & Benson, as bond counsel, and offlcials of the City are hereby authorlzed to inltlate the preparatlon of a loan agreement, trust indenture, official statement and other documents in order that the refundlng may be carried forward expeditiously. . 2. The engagement by the Corporation of Norwest Investment Servlces, Inc., Minneapolis, Minnesota, to act as the exclusive investment banker in connection with the issuance of the Refunding Bonds, and of Faegre & Benson, MinneapOlis, Mlnnesota, as bond counsel, are hereby ratified, confirmed and approved. J . . . . A _ 3. The Refunding Bonds are hereby designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. -The Refunding Bonds are to be issued on behalf of an organization described in Section 501(c)(3) of the Code and are to be issued as "qualified 501(c)(3) bonds" under Section 145 of the Code. The City, together with all subordinate entities of the City, does not reasonably expect to issue tax-exempt obligations, includlng the Refunding Bonds (other than private activity bonds not constituting "quallfied 501(c)(3) bonds"), which, when added together with all such obligations heretofore issued by the City, and such subordlnate entities, in calendar year 1990, will be in an aggregate amount exceeding $10,000,000 in calendar year 1990. -1- . . -~ STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) I, the underslgned, being the duly qualifled and acting City Clerk of the City of Hopkins (the "City"), do hereby certify that attached hereto is a compared, true and correct copy of a resolution giving approval to an issuance of refunding revenue bonds by the City in order to provide refinancing for a senior housing project to be owned and operated by The Augustana Home of Minneapolis, a Minnesota nonprofit corporation, duly adopted by the City Council of the City on May 15, 1990 at a regular meeting thereof duly called and held, as on file and of record in my offlce, which resolution has not been amended, modified or resclnded since the date thereof and WhlCh resolution is in full force and effect as of the date hereof. WITNESS My hand and the seal of the City this AC~l day of , 1990. (SEAL) 3994f -2-