02-28-2018 Council Packet - Laserfiche WebLink

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10554454v2 2 5. Officials. The officials of the City are as follows: Name Office John Keis Mayor Tom Fischer Councilmember Christian Torkelson Councilmember Michael McGraw Councilmember Rick Montour Councilmember Joel Hanson Administrator Members of the City Council of the City listed in this paragraph were the duly appointed, qualified and acting members at the time the resolution identified in paragraph 7 below was adopted. 6. Final Resolution. The Final Resolution was adopted at a regular meeting of the City Council held on June 14, 2017, is in full force and effect as of the date hereof, and, other than as it may have been amended by the Amendment Resolution, has not been rescinded, modified or amended in any respect. 7. Amendment Resolution. The Amendment Resolution was adopted at a regular meeting of the City Council held on February 28, 2018, and is in full force and effect as of the date hereof, and has not been rescinded, modified or amended in any respect. 8. Findings. To the best of our knowledge, since the dates of adoption of the Final Resolution and the Amendment Resolution there has been no change with respect to any of the findings of the City expressed in the Final Resolution and the Amendment Resolution, respectively. 9. Execution and Delivery. The City has authorized by all necessary action, the execution, delivery, and due performance of the Note Amendment and any and all such other agreements and documents as may be required, on advice of Bond Counsel, to be executed and delivered by the City in order to carry out, give effect to, and consummate the transaction contemplated by the Note Amendment and the Amendment Resolution. 10. Proceedings. All proceedings and actions taken by the City by and through its governing body and its Mayor and City Administrator in connection with the Note Amendment and other applicable documents set forth in the transcript prepared in connection therewith, were duly conducted and adopted in accordance with applicable procedural requirements imposed by law and as represented in such documents executed the same as indicated therein and were duly elected or appointed and qualified to serve as such officers on the date of such execution. 11. No Litigation. To the best knowledge of the undersigned, there is no litigation of any nature now pending, or to our knowledge, threatened seeking to restrain or enjoin the issuance, sale, execution or delivery of the Note Amendment or any of the documents described in the Amendment Resolution, or questioning the authority or proceedings pursuant to which the