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<br />(c) the payments under the Loan Agreement and the Note are fixed to produce <br />revenue sufficient to provide for the prompt payment of principal of, premium, if any, <br />and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, <br />Mortgage and Indenture also provide that the Borrower is required to pay all expenses of <br />the operation and maintenance of the Project, including, but without limitation, adequate <br />insurance thereon and insurance against all liability for injury to persons or property <br />arising from the operation thereof, and all taxes and special assessments levied upon or <br />with respect to the Project premises and payable during the term of the Loan Agreement <br />and the Indenture; <br /> <br />(d) under the provisions of Minnesota Statutes, Chapter 462C and as provided <br />in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged <br />upon any funds other than the revenue pledged to the payment thereof; the City is not <br />subject to any liability thereon; no holder of any Bonds shall ever have the right to <br />compel any exercise by the City of its taxing powers to pay any of the Bonds or the <br />interest or premiums thereon, or to enforce payment thereof against any property of the <br />City except the interests of the City in the Loan Agreement which have been assigned to <br />the Trustee under the Indenture; the Bonds shall not constitute a charge, lien, or <br />encumbrance, legal or equitable upon any property of the City except the interests of the <br />City in the Loan Agreement which have been assigned to the Trustee under the Indenture; <br />the Bonds shall recite that the Bonds are issued without moral obligation on the part of <br />the state or its political subdivisions, and that the Bonds, including interest thereon, are <br />payable solely from the revenues pledged to the payment thereof; and, the Bonds shall <br />not constitute a debt of the City within the meaning of any constitutional or statutory <br />limitation. <br /> <br />7. The forms of the Loan Agreement, the Indenture, the Regulatory Agreement, the <br />Tax Compliance Agreement, the Mortgage Assignment, the Purchase Agreement and exhibits <br />thereto (the "City Documents") are approved substantially in the form submitted. The City <br />Documents, in substantially the forms submitted, are authorized and directed to be executed in <br />the name on behalf of the City by the Mayor and the City Manager. Any other documents and <br />certificates necessary to the transaction described above and approved by Briggs and Morgan, <br />P .A., as Bond Counsel, and the officers herein to execute the City Documents shall be executed <br />by the appropriate City officers. Copies of all of the documents necessary to the transaction <br />herein described shall be delivered, filed and recorded as provided herein and in the Loan <br />Agreement and the Indenture. <br /> <br />8. The City shall proceed forthwith to issue the Bonds, in the form and upon the <br />terms set forth in the Indenture. The Bonds will be purchased on substantially the terms set forth <br />in the Purchase Agreement and the Indenture which have been submitted to the City in <br />connection with this Resolution. The Mayor and City Manager are authorized and directed to <br />prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee <br />for authentication and delivery to the original purchasers. <br /> <br />9. The Mayor and the City Manager and other officers of the City are authorized and <br />directed to prepare and furnish to the Purchaser certified copies of all proceedings and records of <br />the City relating to the Bonds, and such other affidavits and certificates as may be required to <br /> <br />2035126v3 <br /> <br />3 <br />