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Resolution 8027
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Resolution 8027
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6/25/2019 10:09:02 AM
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11/27/2012 3:26:02 PM
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MV City Council
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Section 2. City Council Approvals. <br /> 2.01. Preliminary Approval. The City hereby gives preliminary approval to the Project. The issuance of <br /> the Series 2012 Note in the original aggregate principal amount of approximately$8,500,000 to finance the Project <br /> is hereby preliminarily approved subject to the approval of the Project by DEED as required by the Act and subject <br /> to the mutual agreement of the City,the Borrower,and the initial purchaser of the Series 2012 Note as to the details <br /> of the Series 2012 Note and provisions for its payment. In all events, it is understood, however, that the Series <br /> 2012 Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City <br /> except the City's interest in the loan or revenue agreement with respect to the Series 2012 Note and the Project, <br /> and the Series 2012 Note,when, as, and if issued, shall recite in substance that the Series 2012 Note, including <br /> interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment <br /> thereof, and shall not constitute a general or moral obligation of the City. <br /> The adoption of this resolution does not constitute a guaranty or firm commitment that the City will issue the <br /> Series 2012 Note as requested by the Borrower. The City retains the right in its sole discretion to withdraw from <br /> participation and accordingly not to issue the Series 2012 Note, or issue the Series 2012 Note in an amount less <br /> that the amount referred to herein, should the City at any time prior to issuance thereof determine not to issue the <br /> Series 2012 Note,or to issue the Series 2012 Note in an amount less than the amount referred to in the preceding <br /> paragraph,or should the parties to the transaction be unable to reach agreement as to the terms and conditions of <br /> any of the documents required for the transaction. <br /> 2.02. Approval of the Project. It is hereby found and determined that the Project furthers the purposes <br /> set forth in the Act,and the Project constitutes a"project"within the meaning of Section 469.153,subdivision 2(d), <br /> of the Act. <br /> 2.03. Submission of Project to DEED. In accordance with Section 469.154 of the Act, the City <br /> Administrator of the City is hereby authorized and directed to submit the proposal for the Project to DEED. The City <br /> Administrator and other officers,employees and agents of the City are hereby authorized to provide DEED with any <br /> preliminary information needed for this purpose,and the City Administrator is authorized to initiate and assist in the <br /> preparation of such documents as may be appropriate to the Project, if it is approved. <br /> 2.04. Approval of Bond Counsel. The law firm of Kennedy&Graven, Chartered, is authorized to act as <br /> Bond Counsel and to assist in the preparation and review of necessary documents relating to the Project and the <br /> Series 2012 Note issued in connection therewith. The Mayor, City Administrator, and other officers, employees, <br /> and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. <br /> Section 3. City's Costs. The Borrower will pay any administrative fees of the City and pay, or, upon <br /> demand, reimburse the City for payment of,any and all costs incurred by the City in connection with the Project and <br /> the issuance of the Series 2012 Note, whether or not the Series 2012 Note is issued. <br /> Section 4. Effective Date. This Resolution shall be in full force and effect from and after its passage. <br /> Approved by the City Council of the City of Mounds View, Minnesota, this 26th day of November, 2012. <br /> ayor <br /> ATTEST: <br /> JO✓YVL L D <br /> City Administrator <br /> (seal) <br />
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