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shall determine, andermination.the execution thereof by the Mayor and the City Administrator shall be conclusive <br /> evidence of such det <br /> Section 7. Other Documents. The Mayor, the City Administrator, and the Finance Director <br /> of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as <br /> are necessary or appropriate in connection with the issuance, sale, and delivery of the Mounds View Note, <br /> including one or more certificates of the City, an endorsement of the City to the tax certificate of the <br /> Borrower, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other <br /> documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and <br /> delivery of the Mounds View Note. The City hereby authorizes Kennedy & Graven, Chartered to <br /> prepare, execute, and deliver its approving legal opinion with respect to the Mounds View Note. <br /> Section 8. The City and Its Officers,Employees, and Agents. <br /> 8.01. Except as otherwise provided in this resolution, all rights, powers, and privileges <br /> conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this <br /> resolution or of the aforementioned documents shall be exercised or performed by the City or by such <br /> members of the City Council, or such officers, board, body, or agency thereof as may be required or <br /> authorized by law to exercise such powers and to perform such duties. <br /> 8.02. No covenant, stipulation, obligation, or agreement herein contained or contained in the <br /> aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any <br /> member of the City Council of the City, or any officer, agent, or employee of the City in that person's <br /> individual capacity, and neither the City Council of the City nor any officer or employee executing the <br /> Mounds View Note shall be liable personally on the Mounds View Note or be subject to any personal <br /> liability or accountability by reason of the issuance thereof. <br /> 8.03. No provision, covenant, or agreement contained in the aforementioned documents, the <br /> Mounds View Note, or in any other document relating to the Mounds View Note, and no obligation <br /> therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any <br /> pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the <br /> agreements, provisions, covenants, and representations set forth in such documents, the City has not <br /> obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the <br /> Loan Agreement which are to be applied to the payment of the Mounds View Note, as provided therein. <br /> 8.04. Except as herein otherwise expressly provided, nothing in this resolution or in the <br /> aforementioned documents expressed or implied, is intended or shall be construed to confer upon any <br /> person or firm or corporation, other than the City or any holder of the Mounds View Note, any right, <br /> remedy, or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, the <br /> aforementioned documents and all of their provisions being intended to be and being for the sole and <br /> exclusive benefit of the City and any holders from time to time of the Mounds View Note. <br /> Section 9. Severability. In case any one or more of the provisions of this resolution, other <br /> than the provisions contained in Section 2.03 hereof, or of the aforementioned documents, or of the <br /> Mounds View Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or <br /> invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of <br /> the Mounds View Note, but this resolution, the aforementioned documents, and the Mounds View Note <br /> shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. <br /> Section 10. Validity of the Mounds View Note. The Mounds View Note, when executed and <br /> delivered, shall contain a recital that it is issued pursuant to the Housing Act and the Industrial <br /> 449010v2 JAE M1N475-38 5 <br />