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City to reimburse itself for any expenditure which the City paid or will have paid prior to the <br />Closing Date (a "Reimbursement Expenditure"). <br />The City hereby certifies and/or covenants as follows: <br />(a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, <br />the City (or person designated to do so on behalf of the City) has made or will <br />have made a written declaration of the City's official intent (a "Declaration") <br />which effectively (i) states the City's reasonable expectation to reimburse itself for <br />the payment of the Reimbursement Expenditure out of the proceeds of a <br />subsequent borrowing; (ii) gives a general and functional description of the <br />property, project or program to which the Declaration relates and for which the <br />Reimbursement Expenditure is paid, or identifies a specific fund or account of the <br />City and the general functional purpose thereof from which the Reimbursement <br />Expenditure was to be paid (collectively the "Project"); and (iii) states the <br />maximum principal amount of debt expected to be issued by the City for the <br />purpose of financing the Project; provided, however, that no such Declaration <br />shall necessarily have been made with respect to: (i) "preliminary expenditures" <br />for the Project, defined in the Reimbursement Regulations to include engineering <br />or architectural, surveying and soil testing expenses and similar prefatory costs, <br />which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and <br />(ii) a de minimis amount of Reimbursement Expenditures not in excess of the <br />lesser of $100,000 or 5% of the proceeds of the Bonds. <br />(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of <br />the Bonds or any of the other types of expenditures described in Section 1.1SO- <br />of the Reimbursement Regulations. <br />(c) The "reimbursement allocation" =described in the Reimbursement Regulations for <br />each Reimbursement Expenditure shall and will be made forthwith following (but <br />not prior to) the issuance of the Bonds and in all events within the period ending <br />on the date which is the later of three years after payment of the Reiihbursement <br />Expenditure -or one year after the date on which the Project to which the <br />Reimbursement -Expenditure relates is first placed in service. <br />(d) Each. such reimbursement allocation will be made in a writing -that evidences the <br />City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if <br />made -within 30 days after the Bonds- issued, shall be treated as made on the <br />:day the Bondsare issued.- <br />1222136.1 <br />ssued: <br />1222136.1 20 <br />