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10/17/2024 12:06:40 AM
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5/12/2010 2:27:39 PM
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Resolution 2010-026
General - Type
Resolution 2010-026
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6. Spring Park, the City in which a portion of the Note proceeds will be used for a <br /> housing project has adopted a housing program (the "Program") which describes the housing development <br /> to be financed by the Borrower in Spring Park. <br /> 7. Each City will adopt a resolution evidencing its intent to enter into this Agreement, <br /> and granting host approval (or, in the case of Spring Park, granting approval) of the issuance of the Note as <br /> required under the Internal Revenue Code of 1986, as amended. <br /> 8. Spring Park shall exercise the powers of the Housing Programs Act by adopting, <br /> approving and executing such resolutions, documents, and agreements as shall be necessary or convenient <br /> to authorize, issue, and sell the Note and such other resolutions, documents, and agreements as shall be <br /> necessary or required in connection with the issuance of the Note and giving effect to or carrying out the <br /> provisions of this Agreement and documents under which the Note is issued and/or secured. <br /> 9. The Note shall be a special, limited obligation of Spring Park, payable solely from <br /> proceeds, revenues and other amounts pledged thereto and more fully described in the Loan Agreement <br /> executed in connection with the Project. In no event shall the Note ever be payable from or charged upon <br /> the general credit, taxing powers or any funds of either of the Cities; the Cities are not subject to any <br /> liability thereon; no owners of the Note shall ever have the right to compel the exercise of the taxing power <br /> of either of the Cities to pay any of the Note or the interest thereon, nor to enforce payment thereof against <br /> any property of either of the Cities; the Note shall not constitute a charge, lien or encumbrance, legal or <br /> equitable, upon any property of either of the Cities; and the Note does not constitute an indebtedness of any <br /> of the Cities within the meaning of any constitutional, statutory, or charter limitation. <br /> 10. This Agreement shall terminate upon the retirement or defeasance of the Note or any — <br /> bonds issued by Spring Park to refund the Note, and this Agreement may not be terminated in advance of <br /> such retirement or defeasance. <br /> 2 <br /> 2503985v1 <br />
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