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<br />development a~d use of land within the City and to eve~tually <br />increase the City's tax base. <br /> <br />4. The Project is hereby given preliminary approval by <br />the City, subject to the app~oval of the P~oject by the Minnesota <br />Energy a~d Econ~nic Development Authority (the "Authority") and <br />allocatio~ as to federal limits on private purpose activity bonds <br />and subject to final approval by this Council, the Borrower and <br />the purchaser or purchasers of the bonds as to the ultimate details <br />of the financing of the Project. <br /> <br />5. I~ accordance with Subdivision 7a of Section 474.0l, <br />Minnesota Statutes, the City Manager of the City is hereby <br />authorized and directed to submit the proposal for the above- <br />desc~ibed Project to the Authority, requesting the Authority's <br />approval, and other officers, employees and agents of the City are <br />hereby authorized to provide the Authority with such preliminary <br />informatio~ as the Authority may require. Representatives of the <br />City and Lindquist & Vennum, as bond counsel, are hereby <br />authorized, in cooperation with the Borrower and the Borrower's <br />counsel, to take such action as is necessary to obtain or maintain <br />an allocation of the federal limitations on private activity bonds <br />pursuant to Minnesota Laws for 1984, Chapter 582 and to initiate <br />the preparation of a proposed loan agreement, mortgage and such <br />other docume~ts as may be necessary or appropriate to the Project <br />so that, when and if the proposed project is approved by the <br />Authority, receives an allocatio~ as to the federal limits on <br />private activity bonds and this Council gives its final approval <br />thereto, the Project may be carried forward expeditiously. <br />. <br /> <br />6. The Borrower has agreed to pay directly or through the <br />City any and all costs incurred by the City in co~nection with the <br />financing of the Project, whether or not the Project is carr.ied to <br />completion; whether or not approved by the Authority, whether or <br />not an allocation as to the federal limits on private activity <br />bonds is obtained and whether or not the bonds or operative <br />instruments are executed. <br /> <br />7. The adoptio~ of this resolution does not constitute a <br />guarantee or a firm commitment that the City will issue the bond <br />as requested by the Borrower. The City retains the r.ight in its <br />sole discretion to withdraw from participation and accordingly not <br />issue the bonds should the City at any time prior to the issuance <br />thereof determine that it is i~ the best inter.st of the City not <br />to issue the bond or should the parties to the transaction be <br />unable to reach agr.eeme~t as to the terms and conditions of a~y of <br />the documents required for the tr.ansaction. <br /> <br />8. Nothing in this resolutio~ Ol~ in the documents <br />prepared pursuant hereto shall authorize the expenditure of any <br />municipal funds on the Project other. tha~ the r.evenues derived <br />from tile Project or. otherwise granted to the City for. this <br />~urpose. The bonds shall not constitute a charge, lien or <br /> <br />3 <br />