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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 /> <br /> <br />local building codes. The Project, as proposed, is not inconsistent with any Housing Plan adopted <br />by the City under Minnesota Statutes, Chapter 462C. The Project will be available for rental to the <br />general public. The Borrower will be required to operate the Project in accordance with state and <br />local anti-discrimination laws and ordinances. <br />Bonds. The Borrower has indicated that the original principal amount of the Bonds, <br />expected to be issued by the City no later than July of 2022, to finance the Project, and, if needed, <br />to fund appropriate reserves and to pay the costs of issuing the Bonds, will not exceed $11,000,000. <br />The Bonds may be structured so as to take advantage of whatever means are available or necessary <br />and are permitted by law to enhance the security for and marketability of the Bonds. Substantially <br />all of the net proceeds of the Bonds (the initial principal amount thereof, less amounts deposited <br />in a reasonably required reserve or paid out as costs of issuance of the Bonds) will be used to pay <br />the costs of the Project, including any functionally related and subordinate facilities. The Bonds <br />will be issued pursuant to Section 462C.07, subdivision 1, of the Act and are and will be payable <br />primarily from revenues of the Project. <br />Allocation of Issuance Authority. An allocation of authority to issue tax-exempt bonds is <br />required pursuant to Minnesota Statutes, Chapter 474A, and the Borrower has received such <br />allocation from the State, pursuant to that certain Certificate of Allocation for Residential Rental <br />Projects, Number 423, dated January 11, 2022. <br />Monitoring. The Borrower expects to enter into suitable agreements with necessary parties <br />to ensure consistent compliance with the objectives of this Program, as well as with the <br />requirements of applicable law. <br />Affordability. The Project has been designed to be affordable, and all or a portion of the <br />units thereof shall be leased to persons or households of low to moderate income, all in accordance <br />with the Act and other applicable state and federal laws. Furthermore, in connection with the loan <br />to be made from the proceeds of the issuance of the Bonds, the Borrower expects to enter into <br />certain agreements covenanting the Borrower to maintain the affordability of the Project and to <br />ensure that a certain percentage of the units thereof are leased to persons or households of low to <br />moderate income, all for so long as the Bonds are outstanding. <br />Use of Bond Proceeds. The proceeds of the Bonds will be loaned to the Borrower pursuant <br />to a loan agreement (the "Loan Agreement") by and between the City and the Borrower. The
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