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follows: <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />RESOLUTION NO. 8165 <br />AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A <br />SUBORDINATE HEALTH CARE FACILITIES REVENUE NOTE (BHS/ALLINA <br />TCU PROJECT), SERIES 2013, IN THE AGGREGATE PRINCIPAL AMOUNT <br />NOT TO EXCEED $3,000,000, FOR THE BENEFIT OF BENEDICTINE LIVING <br />CENTER OF FRIDLEY, LLC, PAYABLE SOLELY FROM REVENUES <br />PLEDGED PURSUANT TO A LOAN AGREEMENT AND A SERVICING <br />AGREEMENT; AND APPROVING THE FORM OF AND AUTHORIZING THE <br />EXECUTION AND DELIVERY OF RELATED DOCUMENTS <br />BE IT RESOLVED by the City Council of the City of Mounds View, Minnesota (the "City"), as <br />Section 1. Recitals and Findings. <br />1.01. Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act'), <br />authorizes a city to issue revenue obligations to finance, in whole or in part, the cost of the acquisition, <br />construction, reconstruction, improvement, betterment, or extension of a "project," defined in the Act, in <br />part, as any properties, real or personal, used or useful in connection with a revenue producing enterprise, <br />whether or not operated for profit, engaged in providing health care services, including hospitals, nursing <br />homes, and related medical facilities. <br />1.02. Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue <br />obligations to finance the acquisition or improvement of property located outside of the corporate <br />boundaries of such municipality if the obligations are issued under a joint powers agreement between the <br />municipality issuing the obligations and the municipality in which the property to be acquired or <br />improved is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint <br />powers agreement entered into through action of their governing bodies, two municipalities may jointly or <br />cooperatively exercise any power common to the contracting parties or any similar powers, including <br />those which are the same except for the territorial limits within which they may be exercised and the joint <br />powers agreement may provide for the exercise of such powers by one or more of the participating <br />governmental units on behalf of the other participating units. <br />1.03. Benedictine Living Center of Fridley, LLC, a Minnesota nonprofit limited liability <br />company (the `Borrower"), which will be controlled by Benedictine Health System, a nonprofit <br />corporation ("BHS"), either as its sole member or as a joint member with Allina Health System, a <br />Minnesota nonprofit corporation ("Allina"), or any affiliate of BHS or Allina, has proposed that the City <br />issue its Subordinate Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013 (the <br />"Subordinate Note"), in the aggregate principal amount not to exceed $3,000,000. The Borrower <br />proposes to use the proceeds of the Subordinate Note, along with equity of the Borrower and the proceeds <br />of the Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013 (the "Series 2013 <br />Note"), proposed to be issued by the City of Fridley, Minnesota (the "City of Fridley") in the aggregate <br />principal amount not to exceed $10,000,000, to (i) finance the acquisition, construction, and equipping of <br />a 50 -bed transitional care facility located on the Unity Hospital/Allina campus at 550 Osborne Road, <br />433887vl JAE MU210-222 <br />