|
WHEREAS, the City has prepared a housing program providing the information required by
<br />Section 462C.03, subdivision la of the Act (the "Housing Program") regarding the issuance of the
<br />Obligations (as defined below) by the City to finance the acquisition, rehabilitation, and equipping of the
<br />Project; and
<br />WHEREAS, the Housing Program was submitted to Metropolitan Council for its review and
<br />comment; and
<br />WHEREAS, a notice of public hearing was published in accordance with the Act and Section 147(f)
<br />of the Internal Revenue Code of 1986, as amended (the "Code") with respect to (i) the required public
<br />hearing under the Code; (ii) the required public hearing under Section 462C.04, subdivision 2, of the Act;
<br />(iii) the Housing Program; and (iv) approval of the issuance of the Obligations and on this same date, the
<br />City Council conducted a public hearing at which a reasonable opportunity was provided for interested
<br />individuals to express their views, both orally and in writing; and
<br />WHEREAS, the Borrower has requested that the City issue, sell, and deliver its revenue obligations
<br />in an original aggregate principal amount not to exceed $7,000,000, (i) a portion of the principal amount of
<br />which would be issued pursuant to an Indenture of Trust, dated on or after June 1, 2026 (the "Indenture"),
<br />between the City and U.S. Bank Trust Company, National Association, as trustee (the "Trustee") as the
<br />Multifamily Housing Revenue Bonds (Silver Lake Pointe Apartments Project), Series 2026A (the "Series
<br />A Bonds") to be purchased by Colliers Securities LLC (the "Underwriter"); and (ii) a portion of the
<br />principal amount of which would be issued as a Subordinate Multifamily Housing Revenue Note (Silver
<br />Lake Pointe Apartments Project), Series 2026B (the "Series B Note" and, together with the Series A Bonds,
<br />the "Obligations") to be purchased by Silver Lake Mounds View LLC (or another financial institution
<br />selected by the Borrower, the "Lender"); and
<br />WHEREAS, the proceeds derived from the sale of the Series A Bonds will be loaned by the City
<br />to the Borrower (the "Series A Loan") pursuant to the terms of a Loan Agreement, dated on or after June
<br />1, 2026, by and between the Borrower and the City (the "Series A Loan Agreement"), and the proceeds
<br />derived from the sale of the Series B Note will be loaned by the City to the Borrower (the "Series B Loan")
<br />pursuant to the terms of a Subordinate Loan Agreement, dated on or after June 1, 2026, by and between the
<br />Borrower and the City (the "Series B Loan Agreement" and, together with the Series A Loan Agreement,
<br />the "Loan Agreements"); and
<br />WHEREAS, the Obligations will be issued pursuant to this Resolution and the Obligations and the
<br />interest on the Obligations: (i) shall be payable solely from the revenues pledged therefor under the Loan
<br />Agreements and the Indenture; (ii) shall not constitute a debt of the City within the meaning of any
<br />constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the
<br />City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or
<br />encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Loan
<br />Agreements; and (v) shall not constitute a general or moral obligation of the City; and
<br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
<br />MOUNDS VIEW, MINNESOTA, AS FOLLOWS:
<br />1. Findings. The City acknowledges, finds, determines, and declares that the issuance of the
<br />Obligations is authorized by the Act and is consistent with the purposes of the Act and that the issuance of
<br />the Obligations, and the other actions of the City under the Indenture, the Loan Agreements, and this
<br />Resolution constitute a public purpose and are in the interests of the City. The Project constitutes a
<br />"qualified residential rental project" within the meaning of Section 142(d) of the Code, and a "multifamily
<br />housing development" authorized by the Act, and furthers the purposes of the Act. In authorizing the
<br />2
<br />4933-6580-5482.2
<br />
|