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HomeMy WebLinkAboutResolution - 91-51 - Preliminary Approval Tanager Creek $10,045,000 Refunding Bonds - 03/05/1991 CITY OF EDEN PRAIRIE • RESOLUTION NO. '� 1" 6'1 GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS FOR THE TANAGER CREEK APARTMENTS PROJECT AND AUTHORIZING PUBLICATION OF A NOTICE OF PUBLIC HEARING. WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act" ) , the City of Eden Prairie (the "City") issued on August 12, 1985 its $10,400,000 Multifamily Housing Revenue Bonds (Tanager Creek Apartments Project) (the "Prior Bonds") ; and WHEREAS, the proceeds of the Prior Bonds were loaned to Cheyenne Land Company, a general partnership organized and existing under the laws of the State of Minnesota (the "Developer" ) , the sole general partners of which are Richard Neslund and R. Neslund Co. , for the purpose of constructing a multifamily housing development of 185-units located on the northwest and southwest quadrants of Baker Road and Edenvale Boulevard in the City (the "Project") ; and WHEREAS, the Developer has requested that the City issue its $10,045,000 Multifamily Housing Revenue Refunding Bonds (Tanager Creek Apartments Project) , Series 1991 (the "Bonds") in order to refund the outstanding principal amount of the Prior Bonds and refinance the Project; and WHEREAS, the issuance of the Bonds requires that the City hold a public hearing after publication of notice; NOW, THEREFORE, BE IT RESOLVED by the City of Eden Prairie: 1. The issuance of the Bonds is hereby preliminarily approved, and the City Clerk is hereby authorized to publish the notice of public hearing in substantially the form attached hereto. 2. The adoption of this resolution does not constitute a guarantee that the City will issue the Bonds as requested by the Developer. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the Bonds should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 3. The Developer has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Bonds or operative instruments are executed. 4. All commitments of the City expressed herein are subject to the condition that by December 31, 1991 the City and the Developer shall have agreed to mutually acceptable terms and conditions of the Loan Agreement, the Bonds and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time, this Resolution shall expire and be of no further effect. ADOPTED: March 5, 1991 Mayor ATTEST: ity Clerk