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2017-075 Consenting to and Approving the Issuance by the City of Independence of its Revenue Obligations and Taking Other Actions with Respect TheretoCITY OF HOPKINS, MINNESOTA RESOLUTION NO. 2017-075 RESOLUTION CONSENTING TO AND APPROVING THE ISSUANCE BY THE CITY OF INDEPENDENCE OF ITS REVENUE OBLIGATIONS AND TAKING OTHER ACTIONS WITH RESPECT THERETO WHEREAS, the City of Hopkins, Minnesota (the "City") is a home rule charter city and political subdivision duly organized and existing under its Charter and the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Industrial Development Act"), the City is authorized to carry out the public purposes described in the Industrial Development Act by providing for the issuance of revenue bonds to provide funds to finance or refinance revenue-producing enterprises located within the City, whether or not operated for profit, engaged in providing health care services, including, without limitation, hospitals and related medical facilities or to refund, in whole or in part, bonds previously issued under the authority of the Industrial Development Act; and WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Housing Act"), a municipality is authorized to issue revenue bonds to finance or refinance developments consisting of multifamily housing and new or existing health care facilities (including nursing and assisted living facilities); and WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance or refinance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement between the municipality issuing the obligations and the municipality in which the property to be acquired or improved is located; and WHEREAS, pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of ajoint powers agreement entered into through action of their governing bodies, two municipalities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which we the same except for the territorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating wits; and WHEREAS, Augustan Chapel View Homes, Inc., a Minnesota nonprofit corporation (the `Borrower"), has proposed that the City of Independence, Minnesota (the "City of Independence") issue its revenue obligations (the "Bonds"), in one or more series, as taxable or taxcxempt obligations, in an aggregate principal amount not to exceed $5,500,000, under the provisions of the Industrial Development Act, the Housing Act, and Minnesota Statutes, Sections 471.59 and 471.656, as amended, and loan the proceeds thereof to the Borrower to (i) refinance the Borrower's skilled nursing and senior housing facilities (the "Facilities") located at 605 and 615 Minnetonka Mills Road in the City through the redemption and prepayment of the Health Care Facilities Refunding Revenue Bonds (Augustan Chapel View Homes, Inc. Project), Series 2005A, issued by the City of Minneapolis, Minnesota (the "City of Minneapolis") on February 24, 2005, and the Health Care Facilities Revenue Bonds (Augustan Chapel View Homes, Inc. Project), Series 2005C, issued by the City of Minneapolis on May 31, 2005; 510187vI JAE HPI LOA% (ii) finance improvements to the Facilities (the "Improvements"); (iii) fund required reserves; and (iv) pay costs of issuance of the Bonds; and WHEREAS, Section 147(1) of the Internal Revenue Code of 1986, as amended (the "Code"), and regulations promulgated thereunder require that prior to the issuance of the Bonds, the City Council of the City (the "City Council') consent to the issuance of the Bonds by the City of Independence after conducting a public hearing thereon preceded by publication of a notice of public hearing (in the form required by Section 147(f) of the Code and applicable regulations) in a newspaper of general circulation within the City at least fourteen (14) days prior to the public hearing date; and WHEREAS, a notice of public hearing (the "Public Notice") was published at least fourteen (14) days before the regularly scheduled meeting of the City Council on the date hereof in the Sun Sailor, the official newspaper of and a newspaper of general circulation in the City, with respect to the required public hearing under Section 147(f) of the Code; and WHEREAS, on the date hereof, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the following: (i) consent to the issuance of the Bonds by the City of Independence pursuant to the requirements of Section 147(f) of the Code and the regulations promulgated thereunder; and (ii) approval of the issuance of the Bonds by the City of Independence to refinance the Facilities and finance the Improvements; and WHEREAS, the City and the City of Independence are proposing to enter into a Cooperative Agreement (the "Cooperative Agreement'), pursuant to which the City will consent to the issuance of the Bonds by the City of Independence to refinance the Facilities and fmance the hnprovements, and the City of Independence will agree to issue the Bonds for such purposes; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, AS FOLLOWS: 1. The City Council finds that it is in the best interest of the City to approve the issuance of the Bonds by the City of Independence to refinance the Facilities and finance the Improvements and hereby consents to the issuance of the Bonds by the City of Independence for the purposes set forth above in an amount not to exceed $5,500,000. 2. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Cooperative Agreement and any other documents deemed necessary to fulfill the intentions of this resolution. All of the provisions of the Cooperative Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the dam of execution and delivery thereof. The Cooperative Agreement shall be substantially in the form on file with the City which is hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 3. The Mayor and City Manager and other officers, employees, and agents of the City are hereby authorized and directed to prepare and furnish to bond counsel and the original purchaser of the Bonds certified copies of all proceedings and records of the City relating to the approval of the issuance of the Bonds, including a certification of this resolution. 5101M M HP 110-% 9 4. The Borrower will, upon demand, reimburse the City for costs paid or incurred by the City in connection with this resolution. 5. This resolution shall be in full force and effect from and after its passage. Approved by the City Council of the City of Hopkins, Minnesota this 61h day of November, 2017. Molly C gs, Mayor ATTEST: �I tai i l /1 i Pit Amy Domeier, City Clerk 5101870 JAE HPI 10-%