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including interest thereon, are payable solely from the revenues received from the Company and the <br /> Project and other property pledged to the payment thereof, and shall not constitute general or moral <br /> obligations of the City. The Revenue Obligations shall not constitute a debt of the City within the <br /> meaning of any constitutional or statutory limitation. The holder or holders of the Revenue Obligations <br /> shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding <br /> principal of the Revenue Obligations, or the interest thereon, or to enforce payment thereof against any <br /> property of the City. <br /> Section 4. Compliance with the Housing Act. Based on representations of the Company set forth <br /> in the Development Contract, it is hereby found and determined that the Project furthers the purposes set <br /> forth in the Housing Act and the Project constitutes a "multifamily housing development" within the <br /> meaning of the Housing Act. <br /> Section 5. Bond Counsel. The law firm of Kennedy& Graven, Chartered is authorized to act as <br /> bond counsel and to assist in the preparation and review of necessary documents relating to the Revenue <br /> Obligations. The Mayor, the Administrator, and other officers, employees, and agents of the City are <br /> hereby authorized to assist bond counsel in the preparation of such documents. <br /> Section 6. Documents Furnished to Bond Counsel. The Mayor, the Administrator, and other <br /> officers of the City are authorized and directed to furnish to Kennedy & Graven, Chartered, as bond <br /> counsel, certified copies of all proceedings and records of the City relating to the Housing Program, the <br /> Project, and the Revenue Obligations, and such other affidavits, certificates, and other documents as may <br /> be required by bond counsel to show the facts relating to the legality of the Housing Program, the Project, <br /> and the Revenue Obligations and related documents, as such facts appear from the books and records in <br /> the custody and control of such officers or as otherwise known to them; and all such certified copies, <br /> certificates, affidavits, and other documents, including any heretofore furnished, shall constitute <br /> representations of the City as to the truth of all statements contained therein. <br /> Section 7. Costs. The Company shall pay or reimburse any and all costs incurred by the City in <br /> connection with the issuance of the Revenue Obligations, whether or not the Revenue Obligations are <br /> issued and the operative instruments are executed and delivered. The Company shall pay the <br /> administrative fees of the City in the event the Revenue Obligations are issued in accordance with the <br /> terms of the Development Contract. <br /> Section 8. Reimbursement. The United States Department of the Treasury has promulgated final <br /> regulations governing the use of the proceeds of tax-exempt obligations, all or a portion of which are to <br /> be used to reimburse a conduit borrower for project expenditures paid prior to the date of issuance of such <br /> tax-exempt obligations. Those regulations, Treasury Regulations, Section 1.150-2 (the "Treasury <br /> Regulations"), require that the City or a conduit borrower adopt a statement of official intent to reimburse <br /> an original expenditure not later than sixty(60) days after payment of the original expenditure. The <br /> Treasury Regulations also generally require that the tax-exempt obligations be issued and the <br /> reimbursement allocation made from the proceeds of the tax-exempt obligations occur within <br /> eighteen(18) months after the later of. (i) the date the expenditure is paid; or (ii) the date the project is <br /> placed in service or abandoned, but in no event more than three(3)years after the date the expenditure is <br /> paid. The Treasury Regulations generally permit reimbursement of capital expenditures and costs of <br /> issuance of the tax-exempt obligations. The Company has adopted a reimbursement resolution with <br /> respect to the Project that satisfies the requirements of the Treasury Regulations. <br /> Section 9. Expiration. All commitments of the City expressed herein are subject to the condition <br /> that by December 31, 2015, the City, the Company, and the initial purchaser of the Revenue Obligations <br /> shall have agreed to mutually acceptable terms and conditions of the loan or revenue agreement, the <br /> -3- <br />