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It is hereby found, determined and declared that: <br />(a) It is desirable that the Refunding Bonds be issued by the City upon the terms set forth <br />in this resolution and the Senior Bonds Indenture, as amended by the First Supplemental <br />Indenture (as so amended, the "Indenture'), under the provisions of which the City grants to the <br />Trustee a security interest in certain revenues and payments to be received by the City under the <br />Senior Bonds Loan Agreement, as amended by the First Amendment to Loan Agreement (as so <br />amended, the "Loan Agreement") as security for the payment of the principal of, premium, if <br />any, and interest on the Refunding Bonds. <br />. I (b) The payments required to be made to the Trustee pursuant to the Loan Agreement are <br />determined, and are required to be revised from time to time as necessary, so as to produce <br />income and revenue sufficient to provide for prompt payment of principal of and interest on all <br />Bonds issued under the Indentures when due; and the Loan Agreement also provides that the <br />Borrower is required to continue to pay all expenses of the operation and maintenance of the <br />Project, including but without limitation, adequate insurance thereon and insurance against all <br />liability for injury to persons or property arising from the operation thereof, and all taxes and <br />special assessments levied upon or with respect to the site of the Project and payable during the <br />term of the Loan Agreement. <br />(c) The execution and delivery of the Documents and all other acts and things required <br />under the Constitution and laws of the State of Minnesota to make the Documents and the <br />Refunding Bonds valid and binding special, limited obligations in accordance with their terms, <br />are authorized by the Act. <br />Section 3. Authorization and Approval of Documents. The City is hereby authorized to <br />issue the Refunding Bonds to provide funds, to be used, with other available funds, to refinance <br />the Project and pay costs of issuance of the Refunding Bonds, and to pledge and assign the Loan <br />Agreement and the loan repayments due thereunder, all as provided in the Loan Agreement and <br />the Indenture. It is acknowledged that the purchase price of the Refunding Bonds, the principal <br />amount of the Refunding Bonds, the initial reoffering prices of the Refunding Bonds, the <br />maturity schedule of the Refunding Bonds, the provisions for redemption of the Refunding <br />Bonds and the initial interest rate on the Refunding Bonds have not been determined as of the <br />date of adoption of this resolution and are not reflected in the Indenture, the Loan Agreement or <br />the Bond Purchase Agreement. The Mayor and the City Manager are hereby authorized to <br />approve: (1) the purchase price of the Refunding Bonds; (2) the initial reoffering prices of the <br />Refunding Bonds; (3) the maturity schedule of the Refunding Bonds, provided that the weighted <br />average maturity of the Refunding Bonds shall not exceed the remaining weighted average <br />maturity of the Subordinate Bonds; (4) the provisions for redemption of the Refunding Bonds; <br />and (5) the initial interest rate on the Refunding Bonds. The approval of such officers of the <br />terms of the Bonds shall be conclusively presumed by the execution of the Documents by said <br />officers. <br />In <br />50 <br />