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Resolution No. 16-05 EDA
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Resolution No. 16-05 EDA
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10/9/2017 1:15:26 PM
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10/6/2017 12:33:47 PM
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EDA
EDA Document Type
EDA Resolution
Meeting Date
07/25/2016
Resolution #
16-05
Resolution Title
Approving Contract for Private Development and Awarding the Sale of, and Providing the Form, Terms, Covenants and Directions for the Issuance of Its Tax Increment Revenue Note, Series 2016; in the Maximum Principal Amount of $ 1,200,000
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Registrar in connection therewith; and, in the case of such Note lost, stolen, or destroyed, upon filing with <br />the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the <br />ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, <br />substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as <br />obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such <br />cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already <br />matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new <br />Note prior to payment. <br />3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Executive <br />Director and shall be executed on behalf of the Authority by the signatures of its President and Executive <br />Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before <br />the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same <br />as if such officer had remained in office until delivery. When the Note has been so executed, it shall be <br />delivered by the Executive Director to the Owner in accordance with the Agreement. <br />Section 4. Security Provisions. <br />4.01. Pledge. The Authority hereby pledges to the payment of the principal on the Note all <br />Available Tax Increment as defined in the Note. Available Tax Increment shall be applied to payment of <br />the principal of the Note in accordance with the terms of the form of Note set forth in Section 2 of this <br />resolution. <br />4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof <br />remains unpaid, the Authority shall maintain a separate and special "Bond Fund" to be used for no purpose <br />other than the payment of the principal of the Note. The Authority irrevocably agrees to appropriate to the <br />Bond Fund in each year Available Tax Increment. Any Available Tax Increment remaining in the Bond <br />Fund shall be transferred to the Authority's account for TIF District No. 1-12 upon the payment of all <br />principal to be paid with respect to the Note. <br />Section 5. Certification of Proceedings. <br />5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and <br />directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of <br />the Authority, and such other affidavits, certificates, and information as may be required to show the facts <br />relating to the legality and marketability of the Note as the same appear from the books and records under <br />their custody and control or as otherwise known to them, and all such certified copies, certificates, and <br />affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the <br />facts recited therein. <br />Section 6. Effective Date. This resolution shall be effective upon full execution of the <br />Agreement. <br />Adopted by the Board of Commissioners of the Lino Lakes Economic Development Authority <br />this 25th day of July, 2016. <br />483310v2 JAE LN140-116 3 <br />
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