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2002-078 CITY OF HOPKINS RESOLUTION NO. 2002-78 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF MUL TIF AMIL Y HOUSING REVENUE BONDS TO FINANCE A PROJECT WHEREAS, The Terraces Assisted Living, LLC. (the "Company") has submitted an application to the City of Hopkins (the "Issuer") requesting revenue bond financing for a project (the "Project") generally described as the acquisition and construction of an 86 unit assisted living multifamily housing facility for elderly persons, to be constructed adjacent to the St. Therese Southwest independent living facility at lOll Feltl Court in the City of Hopkins; and WHEREAS, pursuant to Minnesota Statutes, C;hapter 462C, as amended (the "Act"), the Issuer is authorized to issue its revenue bonds to finance all or part of the cost of the Project; . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins that: 1. The Project and the issuance of revenue bonds therefor in an amount up to approximately $11,500,000 are hereby given preliminary approval by the Issuer, subject to the mutual agreement of the Issuer, the Company and the initial purchaser of the bonds as to the details of the bonds and provisions for their payment. In all events, it is understood, however, that the bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer except the Issuer's interest in the loan agreement with the Company and the Project, and the bonds, when, as, and if issued, shall recite in substance that the bonds, including interest thereon, are payable solely from the revenues received from the Proj ect and property pledged to the payment thereof, and shall not constitute a debt of the Issuer. The bonds will be payable solely from the revenues of the Project and other moneys, if any, provided by the Company, and the bonds will not constitute or give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. No holder of any such bonds shall ever have the right to compel any exercise of the taxing power of the Issuer to pay the bonds, or the interest thereon, nor to enforce payment against any property of the Issuer, except revenues of the Project pledged to the payment thereof. 2. The Company may incur expenditures on the Project prior to the issuance of the bonds therefor, and such expenditures may be reimbursed from proceeds of the bonds, when issued. This resolution shall constitute an "official intent" to reimburse such expenditures for purposes of Treasury Regulations, Sections 1.103-8T(a)(5) and 1.150-2. 3. The officers, employees and agents of the Issuer are hereby authorized to participate in the preparation and review of necessary documents relating to the Project and bonds issued in connection therewith. 4. The Company will be responsible for paying directly or through the Issuer any and all cost incurred by the Issuer in connection with the Project, including, without limitation, any additional interest cost incurred by the Issuer with respect to its bonds as a result of unavailability of designation as bank qualified obligations, whether or not the Project is carried to completion, and whether or not the bonds or operative instruments are executed. 5. The adoption of the Resolution does not constitute a guaranty or firm commitment that the Issuer will issue the bonds as requested by the Company. The Issuer retains the right in its sole discretion to withdraw from participation and accordingly not to issue the bonds, or issue the bonds in an amount less than the amount referred to herein should the Issuer at any time prior to issuance thereof detennine that it is in the best interest of the Issuer not to issue the bonds, or to issue the bonds in an amount less than the amount .referred to in paragraph 1 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 6. The Issuer shall hold a public hearing on a program for the issuance of the bonds on October l5, 2002. Notice of the hearing in the form attached as Exhibit A to this resolution shall be published in the official newspaper not less than 15 days prior to the date set for the hearing, and a copy of the housing program shall be submitted to the Metropolitan Council for review and comment on or before the date of publication of the notice. Adopted thi;:3 ~ day of September, 2002. ~/~ Mayor c: Exhibit A NOTICE OF PUBLIC HEARING ON A PROGRAM FOR THE ISSUANCE OF REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C TO FINANCE A PROPOSED MUL TIP AMIL Y HOUSING DEVELOPMENT CITY OF HOPKINS, MINNESOTA NOTICE IS HEREBY GIVEN that the City of Hopkins (the "Issuer") will hold a public hearing on October 15, 2002, at 7:30 p.m. in the City Council chambers at City Hall, 1 010 1st Street, in Hopkins, Minnesota, to consider a program for the issuance of revenue bonds under Mimlesota Statutes, Chapter 462C, as amended, to finance a multifmnily housing development (the "Program"). At the public hearing the Issuer will consider adoption of a resolution giving approval to the issuance of revenue bonds in one or more series under the Program for the purpose of financing a portion of the cost of acquisition and construction by The Terraces Assisted Living, LLC, a Minnesota limited liability compmy (the "Owner") of which St. Therese Southwest, Inc., a Minnesota nonprofit corporation is the sole member, of a project consisting of an 86 unit assisted living multifamily housing facility desigrred for occupancy by elderly persons (the "Project"), to be located at 1011 Feltl Court in the City of Hopkins. The aggregate face amount of revenue bonds proposed to be issued by the City to finance the Program is presently estimated not to exceed $ll,500,000. When issued, the revenue bonds will be limited obligations of the Issuer payable solely from the revenues pledged to the payment thereof, and will not be a general obligation of, or be secured by the taxing power of, the Issuer. At said time and place the Issuer shall give all parties who appear or submit written comments an opportunity to express their views with respect to the proposal to finance the Program. BY ORDER OF THE CITY COUNCIL OF THE CITY OF HOPKINS Dated: September 3,2002