CC RES 96-023 RESOLUTION GRANTING PRELIMINARY APPROVAL TO THE ISSUANCE OF MULTIFAMILY HOUSING REFUNDING REVENUE BONDS

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• RESOLUTION NO. 9 6-0 2 3 RESOLUTION GRANTING PRELIMINARY APPROVAL TO THE ISSUANCE OF MULTIFAMILY HOUSING REFUNDING REVENUE BONDS BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota (the "City"), as follows: Section 1. Recitals. The City has received a request from St. Anthony Nursing Home Limited Partnership, a Minnesota Limited partnership (the "Partnership"), that the City issue revenue bonds under Minnesota Statutes, Chapter 462C, as amended (the "Act"), to refund the Multifamily Housing Revenue Bonds (St. Anthony Nursing Home Project), Series 1985 of the City (the "1985 Bonds"), previously issued under the Act, and to pay costs associated with the issuance of such revenue bonds and refunding of the 1985 Bonds and costs associated with the development financed by the 1985 Bonds. Proceeds of the 1985 Bonds were loaned by the City to the Partnership to finance the construction and equipping of Chandler Place, the Partnership's elderly housing development located at 3701 Chandler Drive in the City ("Chandler Place"). As required by the Act and Section 147(f) of the Internal Revenue Code of 1986, the Council has this date held a public hearing on the issuance of the revenue bonds. • Section 2. Preliminary Approval. (a) On the basis of the information given the City to date, it appears that it would be desirable for the City to issue its revenue bonds in an amount not to exceed $7,200,000 under the provisions of the Act, in one or more series, to refund the 1985 Bonds and pay costs associated with the issuance of such bonds and refunding of the 1985 Bonds and costs associated with Chandler Place, and the issuance of such revenue bonds is given preliminary approval by the City. (b) Notwithstanding the foregoing, the adoption of this resolution shall not be deemed to establish a legal obligation on the part of the City to issue or to cause an issuance of such revenue bonds. All details of such revenue bond issue and the provisions for payment thereof shall be subject to the mutual agreement of the City, the Partnership and the purchaser or purchasers of the revenue bonds and such further conditions as the City may specify, such agreement on the part of the City to be evidenced by a resolution of this Council authorizing the issuance of the revenue bonds on the terms and conditions agreed upon and authorizing the execution of necessary documents. In all events, it is understood that the revenue bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the revenues pledged to payment of such revenue bonds, and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the loan repayments to be made by the • Partnership and from any property pledged to the payment thereof and shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation.