02-072CITY OF SHOREWOOD
Hennepin County, Minnesota
• RESOLUTION NO.02 - 072
RESOLUTION APPROVING AGREEMENTS RELATING TO THE FINANCING OF
CERTAIN PUBLIC SAFETY FACILITIES
BE IT RESOLVED by the City Council (Council) of the City of Shorewood (City) as follows:
Section 1. Recitals.
1.01. The City of Shorewood, Minnesota (Shorewood), the City of Deephaven,
Minnesota (Deephaven), the South Lake Minnetonka Police Department (Department), the
Excelsior Fire District (District) and the Shorewood Economic Development Authority
(Authority), have proposed to finance and construct a fire facility located in the City of
Deephaven and a fire and police facility located in the City of Shorewood (the "Projects").
1.02. In order to facilitate this financing, the following documents have been prepared:
a.
Ground Lease (East Side) between Deephaven and the District
b.
Subground Lease (East Side) between the District and the Authority
C.
Lease Purchase Agreement (East Side) between the Authority and
Deephaven
d.
Sublease Purchase Agreement (East Side) between Deephaven and the
•
District
e.
Ground Lease (West Side) between the District and the Authority
f.
Lease Purchase Agreement (West Side Fire Facilities) between the
Authority and Shorewood
g.
Sublease Purchase Agreement (West Side Fire Facilities) between
Shorewood and the District
h.
Lease Purchase Agreement (West Side Police Facilities) between the
Authority and Shorewood
i.
Sublease Purchase Agreement (West Side Police Facilities) between
Shorewood and the Department
j.
Declaration Of Cross Easements And Restrictive Covenants between the
District and the Department
("Financing Documents").
k. General Contractor Construction Management Services Agreement (East
Side and West Side Facilities)
1. Architectural Services Agreement (East Side and West Side Facilities)
("Construction Documents").
1.03. The Council has reviewed the Financing and Construction Documents and has
isdetermined that approval of the Financing and Construction Documents will be in the best
interests of the City and will further the public health, safety, and welfare and objectives of the
City.
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4 Section 2. Approvals.
2.01, The Financing Documents are hereby approved, and the authorized officials
• directed to execute the Financing Documents to which the City is a party, subject
to modifications that do not alter the substance of the transactions and are
approved by such officials. Such officials are hereby authorized in their
discretion to execute and deliver, on behalf of the City, such other consents,
affidavits, certificates, and other documents in connection with the Projects and
the issuance, sale, and delivery of bonds, the proceeds of which will be used to
finance the Projects. Execution of the Financing Documents and any other
consents, affidavits, certificates, and other documents is conclusive evidence of
their approval.
2.02. 2.02 The Construction Documents are hereby approved, and the authorized
officials directed to execute the Construction Documents to which the City is a
party, subject to modifications that do not alter the substance of the transactions
and are approved by such officials. Such officials are hereby authorized in their
discretion to execute and deliver, on behalf of the City, such other consents,
affidavits, certificates, and other documents in connection with the Projects and
the issuance, sale, and delivery of bonds, the proceeds of which will be used to
finance the Projects. Execution of the Construction Documents and any other
consents, affidavits, certificates, and other documents is conclusive evidence of
their approval.
2.02. City staff and consultants are authorized to take all actions necessary to implement
• the agreements hereby approved.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26 h day of
August, 2002.
ATTEST:
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