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. Bonds to become such "private activity bonds," and to said limited extent the City would and hereby does (solely for the benefit of the owners of the Bonds) disavow any and all such provisions, entitlements and enforcements which would or could become so offending. Without limitation of the foregoing, the City shall not enter into any lease, use agreement, management or operation contract or other agreement respecting the Improvements or any portion thereof which would adversely affect the exemption from federal income tax of the interest on the Bonds, taking into account and observing the requirements of Revenue Procedure 97 -13 of the Internal Revenue Service and any similar or other applicable revenue procedures or guidelines relating to leases, management contracts and service contracts involving facilities financed with tax-exempt obligations. . 23. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000, or do not otherwise qualify for available exceptions. For purposes of qualifying for the small-issuer exception to the federal arbitrage rebate requirements, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during the 2002 calendar year is not reasonably expected to exceed $5,000,000, all within the meaning of Section l48(f)( 4 )(D) of the Code. For purposes of substantiating the determination that the Bonds, being refunding bonds, are eligible for exception from rebate pursuant to the above, in particular because they meet the applicable requirements set out in Section 148(f)(4)(D)(v) ofthe Code, the City hereby represents and determines that (1) the Prior Bonds were issued in 1993 by the City, which was at that time and is now a governmental unit with general taxing powers; (2) the Prior Bonds were not private activity bonds under Sections 103 and 141 through 150 of the Code, and the City qualified the Bonds within the "small-issuer" exception of Section l48(f)(4)(D) of the Code; (3) 95% or more of the net proceeds of the Prior Bonds were used for local governmental activities of the City; (4) the City, together with all issuers subordinate to or treated as one issuer with the City, did not issue in excess of $5,000,000 of bonds (other than private activity bonds) during calendar year 1993 (5) the average maturity date of the Bonds is not later than the average maturity date of the Refunded Bonds; and (6) none of the Bonds has a maturity date which is later than 30 years after the date on which the Prior Bonds were issued. . 24. Desi2:nation of Oualified Tax-Exempt Obligations. The City hereby designates the Bonds (and may also treat $1,910,000 of the principal amount of the Bonds as "deemed 1448297vl 20