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07-047 CITY OF SHOREWOOD RESOLUTION NO. 07 - 047 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF AN EDUCATIONAL FACILITIES REVENUE NOTE UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1651 AND (EXCELSIOR COVENANT SCHOOL PROJECT) WHEREAS, the City of Deephaven ("Issuer") is considering a proposal from Excelsior Covenant Church (the "Borrower") to issue an Educational Facilities Revenue Note; and WHEREAS, as Excelsior Covenant Church is located within the City of Shorewood ("City"), a "host approval" resolution by the City is required in order that the Note may be issued; and WHEREAS, as part of this financing process, the City Council is required to hold a public hearing prior to action on a host approval resolution; and WHEREAS, said public hearing was held on July 9, 2007, and the Council has taken full consideration Of public comment, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood, Minnesota, finds and acts as follows: Section 1. General Recitals. The purpose of Minnesota Statutes, Sections 469.152 through 469.1651 as amended, (the "Act"), is, among other things, to promote the welfare of the State of Minnesota (the "State") by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment and by providing necessary educational facilities so that adequate educational services are available to residents of the State at reasonable cost. Section 2. Description of the Project. Excelsior Covenant Church (the "Borrower"), a Minnesota religious corporation and organization described in Section 501 (c )(3) of the Internal Revenue Code of 1986, as amended (the "Code") has proposed the issuance of a revenue note under the Act, in one or more series, in an amount not to exceed $3,000,000 (the "Note") by the City of Deephaven, Minnesota (the "Issuer") to finance the acquisition, construction and equipping of an approximately 21,700 square-foot two-story addition (including an activity center) to and the renovation of the existing pre-school facility located at 199955 Excelsior Boulevard in the City (the "Project"). The Project will be owned and operated by the Borrower. Section 3. Recital of Representations Made by the Borrower. (a) The Borrower has agreed to pay any and all costs incurred by the City in connection with the issuance of the Note, whether or not such issuance is canied to completion. 2041336vl (b) The Borrower has represented to the City that no public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. Section 4. Public Hearing. (a) As required by the Act Section 147(f) of the Code a Notice of Public Hearing was published in the City's official newspaper and newspaper of general circulation, for a public hearing on the proposed issuance of the Note and the proposal to undertake and finance the Project. (b) As required by the Act Section 147(f) of the Code and Minnesota Statutes, Section 471.656, the City Council has on this same date held a public hearing on the issuance of the Note and the proposal to undertake and finance the portion of the Project which is located within the jurisdictional limits of the City, at which all those appearing who desired to speak were heard and written comments were accepted. Section 5. Host Approval. The City hereby gives the host approval required under the Internal Revenue Code, the Act and Minnesota Statutes, Section 471.656 to the issuance of the Note. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 9th day of July, 2007. C~~G~ Christine Lizee, Mayor ATTEST: 2041336vl 2