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2009-036
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2009-036
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Last modified
10/17/2024 12:05:54 AM
Creation date
12/1/2009 3:52:25 PM
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General
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Revenue Notes
General - Type
Resolution
Date
9/30/2009
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must approve the Project on the basis of an application submitted by the City with all required <br /> attachments and exhibits(the"DEED Application"). <br /> 1.08. A draft copy of the DEED Application, together with drafts of all required attachments <br /> and exhibits, as prepared by Kennedy&Graven, Chartered, as Bond Counsel, is on file with the City and <br /> is available for public inspection in the office of the City Administrator during regular business hours of <br /> the City. <br /> Section 2. Preliminar Approval. <br /> 2.01. The Project is hereby given preliminary approval by the City. The issuance of the Notes <br /> in the approximate aggregate principal amount not to exceed $9,000,000 to finance the Project is hereby <br /> approved subject to the approval of the Project by DEED as required by the Act, and subject to the mutual <br /> agreement of the City, the Borrower, and the initial purchasers of the Notes as to the details of the Notes <br /> and provisions for their payment. In all events, it is understood, however, that the Notes shall not <br /> constitute a charge, lien or encumbrance legal or equitable, upon any property yof the City except the <br /> City's interest in the loan or revenue agreement with respect to the Notes and the Project, and the Notes, <br /> when, as, and if issued, shall recite in substance that the Notes, including interest thereon, are payable <br /> solely from the revenues received from the Project and property pledged to the payment thereof, and shall <br /> not constitute a general or moral obligation of the City. <br /> 2.02. It is hereby found and determined that the Project furthers the purposes set forth in the <br /> Act and the Project constitutes a"project"within the meaning of Section 469.153, subdivision 2(b) of the <br /> Act. <br /> 2.03. In accordance with Section 469.154 of the Act, the City Administrator of the City is <br /> hereby authorized and directed to submit the proposal for the Project to DEED. The City Administrator <br /> and other officers, employees and agents of the City are hereby authorized to provide DEED with any <br /> preliminary information needed for this purpose, and the City Administrator is authorized to initiate and <br /> assist in the preparation of such documents as may be appropriate to the Project, if it is approved. <br /> 2.04. The Borrower will pay any administrative fees of the City and pay, or, upon demand, <br /> reimburse the City for payment of, any and all costs incurred by the City in connection with the Project <br /> and the issuance of the Bonds,whether or not the Bonds are issued. <br /> 2.05. The adoption of this Resolution does not constitute a guaranty or firm commitment that the City will issue the Notes as requested by the Borrower. The City retains the right in its sole discretion <br /> to withdraw from participation and accordingly not to issue the Notes, or issue the Notes in an amount <br /> less than the amount referred to herein, should the City at any time prior to issuance thereof determine <br /> that it is in the best interest of the City not to issue the Notes, or to issue the Notes in an amount less than <br /> the amount referred to in Section 2.01 hereof, or should the parties to the transaction be unable to reach <br /> agreement as to the terms and conditions of any of the documents required for the transaction. <br /> 2.06. This Resolution shall be in full force and effect from and after its passage. <br /> 2 <br />
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