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10/17/2024 12:06:40 AM
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5/12/2010 2:27:39 PM
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Resolution 2010-026
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Resolution 2010-026
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Arden Hills, and commonly known as "Lakeview Residence", a 177-unit elderly assisted-living <br /> facility, "Sutton Place," a 19-unit elderly independent-living facility and "McKnight Care <br /> Center," a 208-bed nursing home facility in the City of Arden Hills (the "Arden Hills Portion") <br /> and other facilities located in Spring Park and Bloomington, Minnesota and Ankeny, Iowa; and <br /> (iii) paying costs of issuance of the revenue obligations (the "Spring Park Portion" and, together <br /> with the Arden Hills Portion, the "Project"). <br /> (c) The City has been advised that the Note or other obligations, as and when issued, <br /> will not constitute a charge, lien or encumbrance upon any property of the City or the Issuer, <br /> except the Project and the revenues to be derived from the Project or other financed facilities. <br /> Such Note or obligations will not be a charge against the general credit or taxing powers of the <br /> City or the Issuer, but is payable from sums to be paid by the Borrower pursuant to a revenue <br /> agreement. <br /> (d) In connection with the issuance of the Series 1999B Bonds, a Regulatory <br /> Agreement, dated as of September 1, 1999 was entered into among the City, U.S. Bank Trust <br /> National Association (n/k/a U.S. Bank National Association), as Trustee (the "Trustee") and <br /> Mill-Pond, Inc., an Iowa Corporation ("Mill-Pond") (the "Regulatory Agreement"), duly <br /> recorded in the official records of Polk County, Iowa, Instrument No. 030891, on October 7, <br /> 1999. In connection with the issuance of the Note, the City shall assign the Regulatory <br /> Agreement to the City of Spring Park. <br /> (e) In connection with the issuance of the Note it is proposed that the Joint Powers <br /> Agreement be entered into among the City, and the City of Spring Park and Ankeny, Iowa, <br /> pursuant to Minnesota Statutes, Section 471.59 and Iowa Code, Chapter 28E. — <br /> Section 3. Recital of Representations Made by the Borrower. <br /> (a) The Borrower has agreed to pay any and all costs incurred by the City in <br /> connection with the issuance of the Note, whether or not such issuance is carried to completion. <br /> (b) The Borrower has represented to the City that no public official of the City has <br /> either a direct or indirect financial interest in the Project nor will any public official either <br /> directly or indirectly benefit financially from the Pro j ect. <br /> Section 4. Public Hearin. <br /> (a) As required by the Act and Section 147(f) of the Code a Notice of Public Hearing <br /> was published in the City's official newspaper and newspaper of general circulation, for a public <br /> hearing on the proposed issuance of the Note and the proposal to undertake and finance the <br /> Proj ect. <br /> (b) As required by the Act and Section 147(f) of the Code the City Council has on <br /> this same date held a public hearing on the issuance of the Note and the proposal to undertake <br /> and finance the portion of the Project located within the jurisdictional limits of the City, at which <br /> all those appearing who desired to speak were heard and written comments were accepted. <br /> 3 <br /> 2494475v2 <br />
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