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HomeMy WebLinkAboutResolution No. 2014-047 1st Amendment Edina Park Plaza Project Section 1999 J p J RESOLUTION NO. 2014-47 RESOLUTION APPROVING EXECUTION AND DELIVERY OF FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City has issued its Variable Rate Demand Multifamily Revenue Bonds(Edina Park Plaza Project—Freddie Mac Credit Enhanced), Series 1999 (the "Bonds"),to refund bonds previously issued by the City to finance the acquisition and construction of Edina Park Plaza, a senior housing facility located in the City. In connection with the issuance of the Bonds the City, U.S. Bank National Association, as trustee for the Bonds (the "Bond Trustee"), and Brookdale Living Communities of Minnesota, LLC, a Delaware limited liability company and successor by merger to Brookdale Living Communities of Minnesota, Inc. (the"Owner"), entered into that certain Amended and Restated Declaration of Restrictive Covenants(the"Original Restrictive Covenants"). The Owner has requested that the City execute and deliver an amendment to the Original Restrictive Covenants entitled First Amendment to Amended and Restated Declaration of Restrictive Covenants (the "First Amendment"), by and among the City, the Bond Trustee and the Owner, a draft of which is on file with the City. 2. The amendment of the Original Restrictive Covenants by th First Amendment is hereby approved, and the Mayor and City Manager are hereby aut o iz d and directed on behalf of the City to execute and deliver the First Amendment. Passed and adopted by the Edina City Council this 6t�' d y 2014. Attest: LQ XV7 0 IV Debra Mangen, City Cork James . Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK 1, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of May 6,2014,and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this__day of ,20_ City Clerk CITY OF EDINA 4801 West 50th Street•Edina,Minnesota 55424 www.EdinaMN.gov•952-927-8861 •Fax 952-826-0390