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10-27-1999 Council Agenda
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10-27-1999 Council Agenda
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the opinion of the City, is willing and able to assume such <br />functions upon reasonable or customary terms, or if the City <br />determines that it is in the best interests of the City or <br />the Beneficial Owners of the Bond that the Beneficial Owners <br />be able to obtain certificates for the Bonds, the Bonds <br />shall no longer be registered as being registered in the <br />bond register in the name of the Nominee, but may be <br />registered in whatever name or names the Holder of the Bonds <br />shall designate at that time, in accordance with paragraph <br />10 hereof. To the extent that the Beneficial Owners are <br />designated as the transferee by the Holders, in accordance <br />with paragraph 10 hereof, the Bonds will be delivered to the <br />Beneficial Owners. <br />(iii) Nothing in this subparagraph (c) shall limit or <br />restrict the provisions of paragraph 10 hereof. <br />(d) Letter of Representations. The provisions in the <br />Letter of Representation are incorporated herein by reference and <br />made a part of the resolution, and if and to the extent any such <br />provisions are inconsistent with the other provisions of this <br />resolution, the provisions in the Letter of Representation shall <br />control. <br />3. Purpose. The Bonds shall provide funds to finance <br />the Project. Pursuant to the Pledge Agreement previously entered <br />into as of November 1, 1995 between the Authority and the City, <br />certain tax increments from the Tax Increment District (the <br />"Pledged Tax Increments ") have been pledged to the payment of the <br />General Obligation Taxable Tax Increment Bond of 1990, Series B, <br />dated November 1, 1990 of the City and the General Obligation <br />Taxable Tax Increment Bond, Series 1993A, dated March 1, 1993 of <br />the City (collectively, the "Outstanding Bonds ") in the manner <br />and to the extent provided in the Pledge Agreement. Pursuant to <br />a Tax Increment Pledge Agreement to be entered into as of <br />November 1, 1999 between the Authority and the City, certain <br />Pledged Tax Increments have been pledged to the payment of the <br />Bonds in the manner and to the extent provided in the Tax <br />Increment Pledge Agreement. Pledged Tax Increments paid to the <br />City after subtracting the Pledged Tax Increments required to pay <br />the debt service attributable to the Outstanding Bonds, shall be <br />used to pay the principal and interest on the Bonds. The <br />estimated collection of Pledged Tax Increments to be paid to the <br />City after subtracting the Pledged Tax Increments required to pay <br />the debt service attributable to the Outstanding Bonds, exceeds <br />twenty (20 %) of the cost of the Project. The total cost of the <br />Project financed hereunder, which shall include all costs <br />enumerated in Minnesota Statutes, Section 475.65, is estimated to <br />be at least equal to the amount of the Bonds herein authorized. <br />Work on the Project shall proceed with due diligence to <br />completion. <br />1094077.1 <br />Page 115 <br />
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