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7A Request from Presbyterian Homes for Conduit Financing
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7A Request from Presbyterian Homes for Conduit Financing
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8/25/2008 Council Regular
General - Type
8/25/2008 Council Regular
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(e) Pursuant to a Mortgage, ,Securiiy Agreement and Fixture Financing <br />Statement {the "Mortgage") to be e�ecuied by the Bozxower in favor a� the Lender, the <br />Borrower has secured payment of amounts c�ue under the Loan Agreement and Nate by <br />granting to the Lender a mortgage and security interest in the property descr�bed therein. <br />A c�raft of tlxe Mortgage has been submitted �o the City Council. <br />{� The Note will be a special limited obligation ai the City. The No�e shall <br />not be payable from or charged upon any fiu�ds other than the revenues pledged io the <br />payment thezeof, nor shall the City be subject to any liability thereon. No holder of the <br />Noie shall ever have the rig�t to compel any exercise of the taxing power of the City to <br />pay the Note or the interest thereon, nor ta enforce payment thereof againsi any prop�rty <br />o�' the City. The Note shall not constitute a debt of the City within the xzleaning of any <br />constitutional or statutory limitation. <br />(g) On the basis of informatian available to the City it a}�pears, and ihe City <br />hereby fmds, that tt�e Project constit�tes praperties, real and p�rsonal, used or useful in <br />connection with one or more revenue producing enterprises within the rnea�ning of <br />Subdivision 2(b) of Section 469.153 of ihe Act; thai the Praject furthers the purposes <br />stated in Section 469.152; that the availability of the financing under the Act and <br />willingness of the Ciiy to furnish such financing will be a s�xbstantial induceznent to the <br />Borrower ta undertake the Pro�eci, and that the effect of the Project, if undertaken, will be <br />to assist in the preventian of the emergence af b�ighted and marginal land, to help prevent <br />chronic unemployment, ta help the surraunding area retain and er�entually imprave the <br />tax base, to provide the range of se�rvice and ernployment opportunities requirec� by the <br />population, to help prevent the movement of talented and educated persons out of the <br />state and to areas within the State where th�ir services may not be as effectively used, and <br />to promote rnoze intensive development and use of land vcrithin the City and surrounding <br />communities. <br />{h) It is desirable, feasible and consistent with the objects and purposes of the <br />Act io issue the Note, for th� purpose of financing ihe costs of the Project. <br />1,2 Authorization and Ratification of Pro'ect. The City hereby authorizes the <br />Borrower, in accordance with th� provisions of the Act and subject to the tern�s and conditions <br />irnposed by the Lender, to provide for the construction and equipping of the Project by such <br />means as shall be availabie to the Borrower and in the manner determined by the Borrorwex, and <br />without adv�rtisemeni far bids as rnay be requized far thE construction and acquisition of ather <br />municipal facilities; and the Czty hereby ratifies, affirms, and approves all actions hezetofore <br />taken by the Bo�rrower consisteni with and in anticipaiion ot' such author�ty. <br />SECTIO�T 2. THE NOTE. <br />2.1 Auihorized Amount and Form of Note. The Note issued pursuant to this <br />Resolution shall be in substantially the form submitted to the City Council with such appropriate <br />variations, omissions and insertians as are permitted or required by this Resolution, and in <br />accordance with the further provisians hereof; and the total aggxegate principal amo�.uat of the <br />Note �hat may be outstanding hereunder is �acpressly �imited to $5,500,0�0, unless a duplicate <br />2ziog�aVz q. <br />
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