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07-08-2013
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07-08-2013
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Last modified
1/29/2025 9:15:45 AM
Creation date
8/6/2018 6:43:25 AM
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MV Commission Documents
Commission Name
Economic Development Authority
Commission Doc Type
Agenda Packets
MEETINGDATE
7/28/2013
Commission Doc Number (Ord & Res)
0
Supplemental fields
Date
7/28/2013
EDA Document Type
Council Packets
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(c) the Act authorizes the acquisition, construction and installation of the facilities <br />and equipment to be financed by the Bonds, the issuance and sale of the Bonds, the <br />execution and delivery by the City of the Loan Agreement and Indenture (collectively, the <br />"Financing Documents"), the performance of all covenants and agreements of the City <br />contained in the Financing Documents, and the performance of all other acts and things <br />required under the constitution and laws of the State of Minnesota to make the Financing <br />Documents and Bonds valid and binding special, limited obligations of the City in <br />accordance with their terms; <br />(d) it is desirable that the Bonds be issued by the City upon the terms set forth in <br />the Indenture; <br />(e) the payments under the Loan Agreement are fixed to produce revenue <br />sufficient to provide for the prompt payment of principal of, premium, if any, and interest on <br />the Bonds issued under the Indenture when due, and the Financing Documents also <br />provide that the Borrower is required to pay all expenses of the operation and maintenance <br />of the facilities to be financed by the Bonds, including, but without limitation, adequate <br />insurance thereon and insurance against all liability for injury to persons or property arising <br />from the operation thereof, and any taxes and special assessments levied upon or with <br />respect to the premises of said facilities and payable during the term of the Financing <br />Documents; <br />(f) as provided therein and in the Financing Documents, the Bonds are not to be <br />payable from or charged upon any funds other than the revenue pledged to the payment <br />thereof; the City is not subject to any liability thereon; no holder of any Bond shall ever have <br />the right to compel any exercise by the City of any taxing powers to pay any of the Bonds or <br />the interest or premium thereon, or to enforce payment thereof against any property of the <br />City, except the interests of the City in the Loan Agreement which has been assigned to the <br />Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, <br />legal or equitable, upon any property of the City except the interests of the City in the Loan <br />Agreement which has been assigned to the Trustee under the Indenture; the Bonds shall <br />recite that the Bonds do not constitute or give rise to a pecuniary liability or moral obligation <br />of the City, the State of Minnesota or any political subdivision, and that the Bonds, including <br />interest thereon, are payable solely from the revenues pledged to the paymentthereof; and <br />the Bonds shall not constitute a debt of the City within the meaning of any constitutional or <br />statutory limitation. <br />5. Approval of Forms; Execution. Subject to the provisions of Sections 8 and 9 hereof, <br />the forms of the Financing Documents and exhibits thereto and all other documents listed in <br />Section 6 hereof are approved substantially in the form submitted. Subject to the provisions of <br />Section 8 hereof, the Financing Documents, in substantially the forms submitted, are directed to be <br />executed in the name and on behalf of the City by the Mayor and the City Administrator (the "City <br />Officers"). Subject to the provisions of Section 8 hereof, the Bonds are to be in executed the name <br />of and on behalf of the City by the City Officers, and are to be delivered to the Trustee for <br />authentication and delivery to the Lender. Any other City documents and certificates necessary to <br />the transaction described above may be executed by one or more appropriate officers of the City, <br />including but not limited to the Finance Director. Copies of all of the documents necessary to the <br />transaction herein described shall be delivered, filed and recorded as provided herein and in the <br />Financing Documents. <br />
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