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 /> follows:
<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 /> 433887v1 JAE MU210-222
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