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therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which <br />are available for such purpose, and such general fund may be reimbursed with or without interest <br />from the Debt Service Fund when a sufficient balance is available therein. <br />4.07. State Credit Enhancement. <br />(a) Pursuant to a resolution adopted by the City Council on November 23, 2020, the City <br />Council authorized and directed City staff to enter the City into a Credit Enhancement Program <br />Agreement (the "Credit Agreement") with the Minnesota Public Facilities Authority (the <br />"Authority"). Pursuant to Minnesota Statutes, Section 446A.086, as amended (the "Credit <br />Enhancement Act"), the State of Minnesota, acting through the Authority, may provide a guarantee <br />of any deficiency of debt service payments on the Bonds. Pursuant to the Credit Enhancement Act, <br />the City makes the following representations and covenants: <br />(i) the City will notify the Authority of any default or potential default in the <br />payment of principal or interest due on the Bonds; <br />(ii) the City will deposit with the Registrar all payments of principal and interest <br />due on the Bonds at least 3 business days prior to the payment due date; <br />(iii) the agreement the City enters into with the Registrar will include all provisions <br />required by the Credit Enhancement Act; and <br />(iv) the City will comply with all provisions of the Credit Agreement and with the <br />Credit Enhancement Act. <br />(b) Pursuant to subdivision 3 of the Credit Enhancement Act, the City acknowledges and <br />agrees that the Registrar is required to inform the Minnesota Commissioner of Management and <br />Budget and the Authority if the Registrar becomes aware of a default or potential default in the <br />payment of principal or interest on the Bonds or if, on the day 2 business days before the date a <br />payment is due on the Bonds, there are insufficient funds to make the payment on deposit with the <br />Registrar Section <br />Section 5. Authentication of Transcript. <br />5.01. City Proceedings and Records. The officers of the City are hereby authorized and <br />directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified <br />copies of proceedings and records of the City relating to the Bonds and to the financial condition <br />and affairs of the City, and such other certificates, affidavits and transcripts as may be required to <br />show the facts within their knowledge or as shown by the books and records in their custody and <br />under their control, relating to the validity and marketability of the Bonds and such instruments, <br />including any heretofore furnished, will be deemed representations of the City as to the facts stated <br />therein. <br />5.02. Certification as to Official Statement. The Mayor and City Administrator and <br />Finance Director, or any of them, are hereby authorized and directed to certify that they have <br />MU210-280-685657.v2 9 <br />