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b..3=r4 - '•it''s— . <br />the provision of additional multi - family rental housing <br />opportunities to low and moderate income residents of the City, <br />and to promote more intensive development and use of land within <br />the City. <br />4. The Project and the program to finance the Project <br />by the issuance of revenue bonds, is hereby given preliminary <br />approval by the City subject to the approval of the financing <br />program by the City and the Metropolitan Council and subject to <br />final approval by the City, the Developer and the purchasers of <br />the Bonds as to ultimate details of the financing of the project. <br />5. The City Staff is hereby authorized and directed <br />to prepare a housing program for financing the project in <br />accordance with the provisions of Minnesota Statutes, Section <br />462C.03. <br />6. The Developer has agreed and it is hereby <br />determined that any and all costs incurred by the City in <br />connection with the financing of the Project whether or not the <br />project is carried to completion will be paid by the Developer. <br />7. Briggs and Morgan, Professional Association, <br />acting as bond counsel, is authorized to assist in the <br />preparation and review of necessary documents relating to the <br />Project and the financing program therefor, to consult with the <br />City Attorney, Developer and purchasers of the Bonds (or trustee <br />for the purchasers of the Bonds) as to the maturities, interest <br />rates and other terms and provisions of the Bonds and as to the <br />covenants and other provisions of the necessary documents and <br />submit such documents to the City for final approval. <br />8. Nothing in this Resolution or the documents <br />prepared pursuant hereto shall authorize the expenditure of any <br />municipal funds on the Project other than the revenues derived <br />from the Project or otherwise granted to the City for this <br />purpose. The Bonds shall not constitute a charge, lien or <br />encumbrance, legal or equitable, upon any property or funds of <br />the City except the revenue and proceeds pledged to the payment <br />thereof, nor shall the City be subject to any liability thereon. <br />The holder of the Bonds shall never have the right to compel any <br />exercise of the taxing power of the City to pay the outstanding <br />principal on the Bonds or the interest thereon, or to enforce <br />payment thereon against any property of the City, except such <br />property as may be expressly pledged for the security of the <br />Bonds. The Bonds shall recite in substance that Bonds, including <br />the interest thereon, are payable solely from the revenue and <br />proceeds pledged to the payment thereof. The Bonds shall not <br />constitute a debt of the City within the meaning of any <br />constitutional or statutory limitation. <br />268034.1 3 <br />Page 71 <br />9/7 'd 9L0- 91009E£'ON /09:11 'IS/ E9 :11 P6 A0'L0(I1d) 9799 EN ZI9 IflVd'IS NVOBOY{ ONV SOOINM }NOBd <br />