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06-08-2022 Council Packet
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06-08-2022 Council Packet
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73515263v2 <br /> <br /> 6 <br /> <br />8. The forms of the Note Documents, Mortgage, and exhibits thereto are approved <br />substantially in the forms submitted. The Note Documents, in substantially the forms submitted, <br />are directed to be executed in the name and on behalf of the City by the Mayor and City <br />Administrator. Any other documents and certificates necessary to the transaction described above <br />shall be executed by the appropriate City officers. Copies of all of the documents necessary to the <br />transaction herein described shall be delivered, filed, and recorded as provided herein and in the <br />Note Documents. <br />9. 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 />7.00% per annum. The Note will be purchased on substantially the terms set forth in the Loan <br />Agreements and this Resolution. The Mayor and City Administrator are authorized and directed <br />to prepare and execute the Note as prescribed herein and to deliver it to the Fiscal Agent for <br />authentication and delivery to the Funding Lender. <br />10. The Mayor and City Administrator and other officers of the Governmental Lender <br />are authorized and directed to prepare and furnish to the 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 />11. 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 />are hereby authorized to approve said changes on behalf of the Governmental Lender. The <br />execution of any instrument by the appropriate official or officials herein authorized shall be <br />conclusive evidence of the approval of such documents in accordance with the terms hereof. <br />12. The approval hereby given to the Note Documents and the various other documents <br />referred to in paragraph 5 above includes approval of (a) such additional details therein as may be <br />necessary and appropriate and such modifications thereof, deletions therefrom and additions <br />thereto as may be necessary and appropriate and approved by Bond Counsel, the City Attorney <br />and the Governmental Lender officials authorized herein to execute said documents prior to their <br />execution and (b) such additional documents, agreements or certificates as may be necessary and <br />appropriate in connection with the Note Documents and with the issuance and sale of the Note and <br />approved by Bond Counsel, the City Attorney and Governmental Lender officials authorized <br />herein to execute said documents prior to their execution; and said City Attorney and <br />Governmental Lender officials are hereby authorized to approve said changes or additional <br />documents, agreements or certificates on behalf of the Governmental Lender. The execution of <br />any instrument by the appropriate officer or officers of the Governmental Lender herein authorized <br />shall be conclusive evidence of the approval of such documents in accordance with the terms <br />thereof and hereof. In the absence (or inability) of the Mayor or the City Administrator, any of the
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