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89-4126 Economic Development Revenue Bond FinancingKuhn Lox Printing — Salina. Kansas 1 1 1 RESOLUTION NUMBER 89-4126 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF SALINA, KANSAS APPROVING THE APPLICATION OF AHF/CENTRAL STATES, INC. FOR ECONOMIC DEVELOPMENT REVENUE BOND FINANCING IN AN AMOUNT NOT TO EXCEED $4,060,000. WHEREAS, the Board of Commissioners of the City of Salina, Kansas (the "City") pursuant to Kansas Statutes Annotated, as amended, Section 12-1740, et seq. (the "Act") is authorized to issue revenue bonds for the purpose of paying all or part of the cost of purchasing, acquiring, constructing, furnishing, repairing, enlarging or remodeling facilities for agricultural, commercial, hospital, industrial, natural resources, recreational development and manufacturing purposes, and WHEREAS, the Act authorizes the City to enter into leases or lease -purchase agreements with any person, firm or corporation for the facilities, and WHEREAS, AHF/Central States, Inc. (the "Company"), an Ohio not-for-profit corporation, engaged in the business of acquiring and operating nursing homes, hospitals and retirement centers, has applied to the City for economic development revenue bond financing pursuant to the Act, composed of a tax-exempt bond issue in the approximate principal amount of $4,060,000 to finance the Company's acquisition and improvement of the Salina Nursing Center, a 28 skilled care bed and 78 intermediate care bed nursing home in the City (such facility, the site thereof, the equipment therefor, and the proposed improvements thereto are hereinafter referred to as (the "Project"), and WHEREAS, the City has found and determined that the Project will be of benefit to the health and general welfare of the City, will create and preserve opportunities for gainful employment and business opportunities and otherwise promote the economic development of the City. WHEREAS, the City now desires to approve the application of the Company and approve economic development revenue bond financing for the Project at the appropriate time pursuant to and subject to the provisions of the Act, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. The City hereby approves the application of the Company for the issuance pursuant to the Act of tax-exempt economic development revenue bonds of the City in the approximate principal amount of $4,060,000 to finance the Company's acquisition, construction and installation of the Project within the City for use and occupancy by the Company in its business operations, subject in all respects to negotiation of satisfactory lease arrangements for the Project with the City. Section 2. The economic development bonds for the Project shall be issued in accordance with a bond ordinance, trust indenture and lease, the terms of which shall be subject to the approval of the City's Attorney. The liability and obligation of the City shall be limited solely to good faith efforts to consummate such proceedings and issue such bonds, and neither the City, nor any of its respective officers, employees, or agents shall incur any liability whatsoever if for any reason ,the proposed issuance of such bonds is not consummated. Kuhn -Cox Printing — Salina, Kansas Section 3. The economic development bonds for the Project shall be issued with the express condition that, for the term of the bonds, the Company will agree to a payment in lieu of taxes payable at the same time and in the amount equal to all property and ad valorem taxes to which the property would be subject in any given year, notwithstanding any exemption to which the property might otherwise be entitled. Section 4. This resolution is adopted on the express condition that Applicant agrees to reimburse the city for all expenses incurred by it in connection with the bonds, even if the bonds are not issued for any reason. Adopted by' the Board of Commissioners and signed by the Mayor this 9th day of October, 1989. seph Warner, Mayor [SEAL] ATTEST Jacqueline Shiever, City Clerk fl