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JOINT POWERS AGREEMENT <br />PROVIDING POE. THE ISSUANCE OF REVENUE BONDS TO <br />FINANCE HOUSING AND HEALTH CARE FACILITIES <br />(PRESBYTERIAN HOMES OBLIGATED GROUP PROJECT) <br />THIS AGREEMENT is entered into as of the 1st day of June, 1999, by and between: <br />the City of Arden Hills, Minnesota ( "Arden Hills "); the City of Little Canada, Minnesota, <br />( "Little Canada "); the City of Spring Park, Minnesota ( "Spring Park "); the City of <br />Bloomington, Minnesota ( "Bloomington "); and the City of Ankeny, Iowa ( "Ankeny "); <br />(collectively, the "Cities ", or individually, a "City"). Each ofthe municipalities named above <br />is a municipal corporation duly organized under the laws of the State of Minnesota or the <br />State of Iowa. <br />1. Minnesota Statutes, Section 471.59 and Iowa Statutes, Chapter 28E (the <br />"Joint Powers Acts ") provide that two or more governmental units, by agreement entered into <br />through action of their governing bodies, may jointly or cooperatively exercise any power <br />common to the contracting parties, and may provide for the exercise of such power by one <br />of the participating governmental units. <br />2. In connection with revenue bonds issued under Minnesota Statutes, <br />Sections 469.152 to 469.1651 (the "Industrial Development Act "), Section 469.155, Subd. <br />9 provides for intergovernmental agreements between municipalities relating to the financing <br />of projects under the Industrial Development Act, and in connection with revenue bonds <br />issued under Minnesota Statutes, Chapter 462C (the "Housing Programs Act "), Section <br />462C.14, Subd. 3 provides for joint action between cities pursuant to the Joint Powers Act. <br />3. Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota <br />nonprofit organization, (the "Developer") has proposed that the Cities enter into this <br />agreement pursuant to the Industrial Development Act and the Housing Programs Act, <br />pursuant to which Arden Hills will issue one or more series of revenue bonds (the "Bonds ") <br />in an amount not to exceed $30,000,000 and loan the proceeds thereof to the Developer <br />and/or one or more of the entities described below to finance the projects described in <br />Exhibit A. <br />4. The Developer will be the initial owner and operator of The Mayfield <br />and the Gardens of Gideon Pond; McKnight Care Center and Lakeview will be initially <br />owned and operated by Presbyterian Homes of Arden Hills, Inc.; Presbyterian Homes on <br />Lake Minnetonka, will be initially owned and operated by Presbyterian Homes Care Centers; <br />1048803.1 <br />ZT d 577 :2i 66. I unf <br />1 <br />PAGE 188 <br />OSb9- £ZZ- ZT9 :Xed <br />Nd92JON 8 S99I26 <br />