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<br />. <br /> <br />. <br /> <br />. <br /> <br />Resolution 99-32 <br /> <br />Page Two <br /> <br />September 27,1999 <br /> <br />a, the two Loan Agreements (the "Loan Agreements") each dated as of <br />September I, 1999 between the City and the Corporation relating to the <br />Series 1999A Bonds and the Series 1999B Bonds; and <br /> <br />b. the two Indentures of Trust (the "Indentures") each dated as of September <br />1,1999, between the City and U.S. Bank Trust National Association, as <br />trustee (the "Trustee') relating to the Series I 999A Bonds and the Series <br />1999B Bonds; and <br /> <br />c. the Joint Powers Agreement (the "Joint Powers Agreement") among the <br />City and the Cities of Little Canada, Spring Park, and Bloomington, MN; <br />and Ankeny, lA, pursuant to Minnesota Statutes, Section 471.59 and Iowa <br />Statutes, Chapter 28E; and <br /> <br />d. the two Bond Purchase Agreements (the "Bond Purchase Agreements"), <br />each among U.S. Bancorp Piper Jaffray Inc. (the "Underwriter''), the <br />Corporation and the City'; and <br /> <br />e, <br /> <br />the two Preliminary Official Statements, which together with all <br />Appendices thereto and the insertion of the final underwriting details of the <br />Bonds, including the interest rates thereon, and any other changes deemed <br />necessary or desirable, is intended to constitute the form of the final <br />Official Statements (together the "Official Statements"). <br /> <br />3. Findings. <br />It is hereby found, determined and declared that; <br /> <br />a, The Project constitutes a senior residential rental project authorized by and <br />described in the Housing Act. In addition, the Project constitutes <br />properties, real and personal, used or useful in connection with a revenue <br />producing enterprise within the meaning of Subdivision 2(b) of Section <br />469,153 of the Industrial Development Act. <br /> <br />b, Thcrc is no litigation pending or, to the best of its knowledge, threatened <br />against the City relating to the Bonds, the Loan Agreements, the Bond <br />Purchase Agreements or the Indentures or questioning the due organization <br />of the City, or the powers or authority of the City to issuc the Bonds and <br />undertake the transactions contemplated hereby. <br />