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06-23-2025 Workshop Packet
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06-23-2025 Workshop Packet
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5 <br /> <br />2(f)(2) of the Regulations, or (iv) expenditures in a “de minimis” amount (as defined in Section 1.150- <br />2(f)(1) of the Regulations), no expenditures with respect to the Project to be reimbursed with the proceeds <br />of the Bonds have been made by the Borrower more than sixty (60) days before the date of adoption of this <br />resolution of the City. <br /> <br />(d) Based on representations by the Borrower, as of the date hereof, there are no funds of the <br />Borrower reserved, allocated on a long term-basis, or otherwise set aside (or reasonably expected to be <br />reserved, allocated on a long-term basis, or otherwise set aside) to provide permanent financing for the <br />expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the <br />issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and <br />financial circumstances of the Borrower as they exist or are reasonably foreseeable on the date hereof. <br /> <br />7. Commitment Conditional. (a) The adoption of this resolution does not constitute a <br />guaranty or firm commitment that the City will issue the Bonds as requested by the Borrower. If, as a result <br />of information made available to or obtained by the City during its review of the Project, it appears that the <br />Project or the issuance of the Bonds to finance or refinance the costs thereof is not in the public interest or <br />is inconsistent with the purposes of the Housing Act, the City reserves the right to decline to give final <br />approval to the issuance of the Bonds. The City retains the right in its sole discretion to withdraw from <br />participation and accordingly not to issue the Bonds, or issue the Bonds in an amount less than the amount <br />referred to herein, should the City at any time prior to issuance thereof determine that it is in the best <br />interests of the City not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred <br />to in this resolution, or should the parties to the transaction be unable to reach agreement as to the terms <br />and conditions of any of the documents required for this financing transaction. <br /> <br />(b) The City’s obligation to proceed with the issuance of the Bonds to finance the costs of the <br />Project is conditioned upon the consideration and adoption by the Council of a final resolution granting <br />final approval to the issuance of the Bonds following a duly noticed public hearing in accordance with the <br />Housing Act and Section 147(f) of the Code. <br /> <br />8. Bond Counsel Is Empowered to Take All Necessary Actions. Bond Counsel is hereby <br />designated bond counsel with respect to the Bonds and is hereby authorized to take all actions necessary to <br />prepare required documents to permit the issuance of the Bonds and to submit such documents to the <br />Council for its final approval. <br /> <br />9. Effective Date. This Resolution shall be in full force and effect from and after its passage. <br /> <br />
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