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�nust a�prove the �'roj ect on the basis of an ap��ication submitted by the City with all �-ec�uired <br />attachments a�d e��bits {the "DE�D Application"). <br />1.08. A draft copy o� the �E�D �pplication, together with drafts of all requi�ed attachment� <br />and exhibits, as prepared by Kennedy & Graven, Chartered, as Bond Counsel, is o� �le with the City and <br />is avai�able for public inspection �n t�e office of the City Ad�ninistrator during regular busi�ess %o�rs �f <br />the City. <br />Section 2. Prelirni�ary Approval. <br />2.01. The Project is he�-eby give� preli�ninary approval by the City. The issuance of the l�Totes <br />in the approximate aggregate principal amount not to �xceed $9,000,000 to �nar�ce t�e Project i� �er�by <br />app�-oved subj ect to the approval of zhe Proj ect �y D�ED as required by the Ac�, and subj ect to tl�e mut�a� <br />agreemer�t of the City, the Borrower, and the initial p�rchasers of the Notes as �o the details of ihe 1�Totes <br />and provisions for their pa�mer�t. In all events, it is understood, however, z�ai the Notes shall noi <br />const�tute a�harge, lien, or encumbrance, legal or equitable, �po� any property of �he City except i�e <br />Ciiy's interest in t�e loan or rev�nue agreement with respect to the I�otes and the Project, and �he Note�, <br />when, as, and if issued, s�ial� recite in substa.nce that the �totes, incl�ding interest �hereon, are payab�� <br />so�ely from the revenues received from �he �'roject and property pledged to t�e �ayment �hereo�, and s�all <br />not constitute a general or moral obligation of t�e City. <br />2.02. It is h�reby foun� and de�ermined that the Proj ect fu�-�hers t�e pur�oses set fort� i� tl�� <br />Act and the Project constiiutes a"proj�ct" within the meaning o� Section 4d9.153, subdivision 2(b) of t�e <br />Act. <br />�.03. In accordance w��h Section 469.154 of the Act, the �it� Administrator of the �ity �s <br />hereby aut�orized and directed to submit the proposal for the Proj ect to DEED. The City Adminis�rator <br />and other of�cers, employees and agents of the City are hereby authorized to pr.ovide DEED wiih a�y <br />preliminary information needed for ��is purpose, and the City Administrator is authorized �o initiate and <br />a��ist in the preparation of such documents as may be appropriate to the Project, if it is approveda <br />2.04. The Borrawer wi�� pay a�y �.dministra�ve fees of the �ity and pay, or, upon demand, <br />rei�nburse the City for pay�nent of, any and a�l costs incur�-ed by the C�ty in cor�ection with �he 1'rojec� <br />and the issuance of the Bonds, whether or not the Bonds are issued. <br />2.05. The adoptior� of �his �esolution c�oes not consti�ute a guaranty or ��-m cornmitmen� thai <br />the Cit� will issue the Notes as requested by the Bo�-�-ower. The City retains t�e righ� �n its sole dis��etio� <br />to withdrav� fro� pa�ticipa�ion ar�d according�y not to issue the I�ot�s, or issue the Notes in an arr���n� <br />less than the amour�t referred to herein, should the City a� any time prior to issuance thereof dete�ir�e <br />that it �s in the best interest of the Cit� not to �ssue the Noies, o� to iss�e #he l�otes in an amount less than <br />the amount referred �o in Section 2.01 �ereof, or should the parties to t�e transactior� be unable to ��ac� <br />agreement as to the term� and conditions of any flf the documents required for the transaction. <br />2.06. This Resolution shall be in full force and ef�ect fron3 and after its passage. <br />� <br />