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04-24-2024 Council Packet
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04-24-2024 Council Packet
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132435238v2 <br />4 <br />and to areas within the State where their services may not be as effectively used, and to <br />promote more intensive development and use of land within the City and surrounding <br />communities, and to provide available adequate educational services to residents of the <br />State at a reasonable cost. <br />(i)It is desirable, feasible, and consistent with the objects and purposes of the <br />Act to issue the Notes, for the purpose of financing the costs of the Project. <br />(j)The City has determined to proceed with the Project and the financing <br />thereof as required by Section 469.154 Subd. 4 of the Act and authorizes application to the <br />Department of Employment and Economic Development (“DEED”) for the approval of the <br />Project. <br />SECTION 2. THE NOTES. <br />2.1 Authorized Amount and Form of Notes. The Notes are hereby approved and shall <br />be issued pursuant to this Resolution in substantially the form submitted to the City Council with <br />such appropriate variations, omissions and insertions as are necessary and appropriate and are <br />permitted or required by this Resolution, and in accordance with the further provisions hereof; and <br />the total aggregate principal amount of the Notes that may be outstanding hereunder is expressly <br />limited to $10,000,000, unless a duplicate Note is issued pursuant to Section 2.7. The Notes shall <br />bear interest at a rate or rates as set forth therein. <br />2.2 The Notes. The Notes shall be dated as of the date of delivery to the Lender, shall <br />be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to <br />such other terms and conditions as are set forth therein. <br />2.3 Execution. The Notes shall be executed on behalf of the City by the signatures of <br />its Mayor and the City Administrator and shall be sealed with the seal of the City; provided that <br />the seal may be intentionally omitted as provided by law. In case any officer whose signature shall <br />appear on the Notes shall cease to be such officer before the delivery of the Notes, such signature <br />shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office <br />until delivery. In the event of the absence or disability of the Mayor or the City Administrator <br />such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall <br />without further act or authorization of the City Council execute and deliver the Notes. <br />2.4 Delivery of Initial Notes. Before delivery of the Notes there shall be filed with the <br />Lender (except to the extent waived by the Lender) the following items: <br />(1)an executed copy of each of the following documents: <br />(a) the Loan Agreement; <br />(b)the Pledge Agreement; <br />(c)the Security Agreements; and
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