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1991-049 o o o lo. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 91-49 GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS FOR THE AUBURN APARTMENTS PROJECT AND AUTHORIZING PUBLICATION OF A NOTICE OF PUBLIC HEARING WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City of Hopkins (the "City") issued on October 12, 1983 its $5,600,000 Collateralized Multifamily Housing Development Revenue Bonds (Auburn Apartments Project), Series 1983 (the "Original Bonds"); and WHEREAS, the proceeds of the Original Bonds were loaned to Richard Neslund (the "Developer") for the purpose of constructing a multifamily housing development on two sites, consisting of 102 units located at the southwest corner of Highway 7 and Van Buren Avenue in the City, and 34 units located at the southwest corner of Lake Street and Tyler Avenue in the City (collectively, the "Project"); and WHEREAS, the Original Bonds were refunded by the City's $5,375,000 Collateralized Housing Development Revenue Refunding Bonds (Auburn Apartments Project) Series 1988 (the "Prior Bonds"), issued on September 1, 1988; and WHEREAS, The Developer has requested that the City iSfSue its $5,195,000 Multifamily Housing Revenue Refunding Bonds (Auburn Apartments Project), Series 1991 (the "Bonds") in order to refund the outstanding principal amount of the Prior Bonds and refinance the Project; and WHEREAS, the issuance of the Bonds requires that the City hold a public hearing after publication of notice; NOW, THEREFORE, BE IT RESOLVED by.the City of Hopkins: 1. The issuance of the Bonds is hereby preliminarily approved, and the City Clerk is hereby' authorized to publish the notice of public hearing in substantially the form attached hereto. 2. The adoption of this resolution does not constitute a guarantee that the City will issue the Bonds as requested by the Developer. The City retains the right in its sole discretion ~to withdraw from participation and accordingly not issue the Bonds should the city at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds 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. ", . 3. The Developer has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Bonds or operative instruments are executed. o 4. All commitments of the City expressed herein are subject to the condition that by December 31, 1991 the City and the Developer shall have agreed to mutually acceptable terms and conditions of the Loan Agreement, the Bonds and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time, this Resolution shall expire and be of no further effect. Nelson W. Berg, Adopted this 16th day of April, 1991 ~ ATT~~ /,/ ~- ,. / ::;/~ , J' es A. Genell / o o