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Resolution 9575 <br />WHEREAS, a public hearing on the Housing Program and the Project was held by the City <br />on this same date, following duly published notice in the Shoreview Press, a newspaper of general <br />circulation in the City, with respect to: (i) the required public hearing under Section 147(f) of the <br />Internal Revenue Code of 1986, as amended (the "Code"); (ii) the required public hearing under <br />Section 462C.04, subdivision 2, of the Act; (iii) the Housing Program; and (iv) approval of the <br />issuance of the Note; <br />WHEREAS, during said public hearing a reasonable opportunity was provided for <br />interested individuals to express their views, both orally and in writing; and <br />WHEREAS, the City received Certificate of Allocation No. 417, dated January 11, 2022, <br />from Minnesota Management and Budget allocating volume cap bonding authority to the City in <br />the amount of $14,500,000 for the Project. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds <br />View, Minnesota (the "Council"), as follows: <br />SECTION 1. LEGAL AUTHORIZATION AND FINDINGS. <br />1.1 Findings. The City hereby finds, determines and declares as follows: <br />(a) The issuance and sale of the Note by the City, pursuant to the Act, is in the <br />best interest of the City, and the City hereby determines to issue the Note and to sell the <br />Note to Bridgewater Investment Management, Inc., a Minnesota corporation, or another <br />financial institution selected by the Borrower (the "Lender"). The City will loan the <br />proceeds of the Note (the "Loan") to the Borrower in order to finance the Project. <br />(b) Pursuant to a Loan Agreement (the "Loan Agreement") to be entered into <br />between the City and the Borrower, the Borrower will agree to repay the Loan in specified <br />amounts and at specified times sufficient to pay in full when due the principal of, premium, <br />if any, and interest on the Note. In addition, the Loan Agreement contains provisions <br />relating to the construction, maintenance and operation of the Project, indemnification, <br />insurance, and other agreements and covenants which are required or permitted by the Act <br />and which the City and Borrower deem necessary or desirable for the financing of the <br />Project. <br />(c) Pursuant to an Assignment of Loan Agreement between the City, the <br />Borrower and the Lender, (the "Assignment of Loan Agreement"), the City will pledge and <br />grant a security interest in all of its rights, title, and interest in the Loan Agreement to the <br />Lender (except for certain rights of indemnification and to reimbursement for certain costs <br />and expenses). <br />(d) The obligations of the Borrower under the Loan Agreement and payment of <br />amounts due under the Note will be secured by certain security instruments required by the <br />Lender and in forms authorized by the Borrower to be executed by or on behalf of the <br />Borrower in favor of the Lender, which may include: (i) a mortgage or security agreement <br />granting a mortgage lien or security interest with respect to the Project or any portion <br />thereof to the Lender or to the City and assigned to the Lender pursuant to an Assignment <br />MU210-289-787665.v1 2 <br />