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2020_0518_CCPacket
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2020_0518_CCPacket
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Roseville City Council
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Council Agenda/Packets
Meeting Date
5/18/2020
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Attachment A <br />(d) under the provisions of Minnesota Statutes, Chapter 462C and as provided <br />in the Funding Loan Agreement and Project Loan Agreement, the Note is not to be payable from <br />or charged upon any funds other than the revenue pledged to the payment thereof; the <br />Governmental Lender is not subject to any liability thereon; no holder of the Note shall ever have <br />the right to compel any exercise by the Governmental Lender of its taxing powers to pay the Note <br />or the interest or premiums thereon, or to enforce payment thereof against any property of the <br />Governmental Lender except the interests of the Governmental Lender in the Project Loan <br />Agreement which have been assigned to the Fiscal Agent under the Funding Loan Agreement; the <br />Note shall not constitute a charge, lien, or encumbrance, legal or equitable upon any property of <br />the Governmental Lender except the interests of the Governmental Lender in the Project Loan <br />Agreement which have been assigned to the Fiscal Agent under the Funding Loan Agreementand <br />the Assignment of Mortgage; the Note shall recite that the Note is issued without moral obligation <br />on the part of the state or its political subdivisions, and that the Note, including interest thereon, is <br />payable solely from the revenues pledged to the payment thereof; and, the Note shall not constitute <br />a debt of the Governmental Lender within the meaning of any constitutional or statutory limitation. <br />6. The forms of the Note Documents and exhibits thereto are approved substantially <br />in the form submitted. The Note Documents, in substantially the forms submitted, are directed to <br />be executed in the name on behalf of the Governmental Lender by the Mayor and City Manager. <br />Any other documents and certificates necessary to the transaction described above shall be <br />executed by the appropriate Governmental Lender officers. Copies of all of the documents <br />necessary to the transaction herein described shall be delivered, filed and recorded as provided <br />herein and in the Note Documents. <br />7. The Governmental Lender shall proceed forthwith to issue the Note, in the form <br />and upon the terms set forth in the Funding Loan Agreement and at a net interest rate not to exceed <br />8.0% per annum. The Note will be purchased on substantially the terms set forth in the Funding <br />Loan Agreement and the Project Loan Agreement which have been submitted to the Governmental <br />Lender in connection with this Resolution. The Mayor and City Manager are authorized and <br />directed to prepare and execute the Note as prescribed in the Funding Loan Agreement and to <br />deliver it to the Fiscal Agent for authentication and delivery to the Initial Funding Lender against <br />payment therefor which is expected to be made by the Initial Funding Lender in installments. <br />8. The Mayor and City Manager and other officers of the Governmental Lender are <br />authorized and directed to prepare and furnish to the Initial Funding Lender certified copies of all <br />proceedings and records of the Governmental Lender relating to the Note, and such other affidavits <br />and certificates as may be required to show the facts relating to the legality of the Note as such <br />facts appear from the books and records in the officers' custody and control or as otherwise known <br />to them; and all such certified copies, certificates and affidavits, including any heretofore <br />furnished, shall constitute representations of the Governmental Lender as to the truth of all <br />statements contained herein. <br />9. The approval hereby given to the various documents referred to above includes <br />approval of such additional details therein as may be necessary and appropriate and such <br />modifications thereof, deletions therefrom and additions thereto as may be necessary and <br />appropriate and approved by the City Attorney and the Governmental Lender officials authorized <br />herein to execute said documents prior to their execution; and said Governmental Lender officials <br /> 4 <br />12503154v5 <br /> <br />
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