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RESOLUTION NO. 2022 - 8 <br />RESOLUTION APPROVING THE REFUNDING BY <br />SHERBURNE COUNTY, MINNESOTA, OF THE <br />$4,000,000 HEALTH CARE FACILITIES REFUNDING <br />REVENUE BONDS (GUARDIAN ANGELS HEALTH <br />SERVICES, INC. PROJECT), SERIES 2015B, <br />PREVIOUSLY ISSUED BY THE CITY OF ELK RIVER, <br />MINNESOTA <br />BE IT RESOLVED by the City Council (the "Council") of the City of Elk River, Minnesota <br />(the "City"), as follows: <br />SECTION 1 <br />Recitals and Findings <br />1.1. Guardian Angels Health Services, Inc., a Minnesota nonprofit corporation (the <br />"Corporation"), has advised this Council of its desire to refinance, through Sherburne County, <br />Minnesota (the "Issuer"), the City's Health Care Facilities Refunding Revenue Bonds (Guardian <br />Angels Health Services, Inc. Project), Series 2015B (the "City Bonds"), issued in the original principal <br />amount of $4,000,000, and presently outstanding in the amount of $4,000,000. The Corporation has <br />requested the Issuer issue its Health Care Facilities Refunding Revenue Bonds (Guardian Angels <br />Health Services, Inc. Project), Series 2022 (the "Series 2022 Bonds"), in an aggregate principal amount <br />not to exceed $10,000,000, under the authority of Minnesota Statutes, Sections 469.152 through <br />469.1655 (the "Act"). Proceeds of the Series 2022 Bonds will be applied to currently refund the City <br />Bonds and the Issuer's currently outstanding Health Care Facilities Refunding Revenue Bonds <br />(Guardian Angels Health Services, Inc. Project), Series 2015A, issued in the original aggregate principal <br />amount of $7,405,000. <br />SECTION 2 <br />Approvals <br />2.1. The issuance of the Series 2022 Bonds by the Issuer to refund the City Bonds is hereby <br />consented to and approved pursuant to Section 469.155, Subd. 12, of the Act. The terms of the Series <br />2022 Bonds shall be as approved by the governing body of the Issuer. <br />2.2. The Mayor and City Clerk, and other officers of the City, are authorized and directed to <br />furnish to the Corporation, the Issuer and Dorsey & Whitney LLP, the attorneys rendering an opinion <br />on the issuance of the Series 2022 Bonds, certified copies of all proceedings and records of the City <br />relating to the City Bonds and the refunding thereof, and such other affidavits and certificates as may <br />be required to show the facts relating to the legality and marketability of the Series 2022 Bonds as such <br />facts appear from the books and records in the City officer's custody and control or as otherwise <br />known to them, and all such certified copies, certificates and affidavits, including any heretofore <br />furnished, shall constitute representations of the City as to the truth of all statements contained <br />therein. <br />4862-1186-1515\3 <br />