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• <br />• <br />Section 5. Costs. The Borrower will pay the administrative fees of the City, or, upon demand, <br />reimburse the City for payment of costs incurred by the City in connection with the Project and the <br />issuance of the Notes, whether or not the Notes are issued. The City acknowledges that the amount of <br />administrative fees of the City to be paid by the Borrower has not been determined as of the date of this <br />resolution. The Borrower and the City will negotiate, as part of the note financing transaction, the <br />amount of the administrative fees that the City will charge the Borrower relating to the Project and the <br />issuance of the Notes by the City. <br />Section 6. Commitment Conditional. The adoption of this resolution does not constitute a <br />guarantee or a firm commitment that the City will issue the Notes as requested by the Borrower. If <br />based on comments received at the public hearing to be held pursuant to this resolution, or other <br />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 Notes to finance or refinance the costs thereof is not in the public interest or is <br />inconsistent with the purposes of the Act or the Code, the City reserves the right not to give final <br />approval to the issuance of the Notes. The City also retains the right, in its sole discretion, to withdraw <br />from participation and accordingly not issue the Notes should the City Council, at any time prior to the <br />issuance thereof, determine that it is in the best interests of the City not to issue the Notes or should the <br />parties to the transaction be unable to reach agreement as to the terms and conditions of any of the <br />documents for the transaction. <br />Section 7. Effective Date. This Resolution shall be in full force and effect from and after its <br />passage. <br />Passed and adopted this 28th day of November, 2005. <br />TNF CITY OF LINO LAKES, MINNESOTA <br />Mayor <br />Attest: <br />Cit}/Administrator <br />LN 140 -91 (JAE) <br />269759 vl <br />