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07-048
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07-048
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7/23/2007 3:06:05 PM
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5/29/2007 10:03:02 AM
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i <br /> E~ <br /> i~ <br /> i <br /> i <br /> <br /> <br /> ' o <br /> balanc lof funds in the Debt Service Fund, equals 105% of the principal and interest due on the <br /> Bonds om time to time (the "Pledged Tax Increment") and (ii) general taxes hereinafter levied <br /> (the " ~xes). Notwithstanding anything to the contrary herein, Pledge Tax Increment includes <br /> only t increment as defined in Minnesota Statutes, Section 469.174, subd. 25, clause (1). If a <br /> payme of principal or interest on the Bonds becomes due when there is not sufficient money in <br /> the D l t Service Fund to pay the same, the City Finance Director is directed to pay such <br /> princi or interest from the general fund of the City, and the general fund will be reimbursed <br /> for tho advances out of the proceeds of Pledged Tax Increment and Taxes when received. The <br /> debts , ice fund for the Refunded Notes (as defined hereinafter) is terminated, and all monies <br /> therein e hereby transferred to the Debt Service Fund herein created. <br /> b) There is appropriated to the Debt Service Fund (i) capitalized interest funded from <br /> Bond oceeds in the amount of $ , (ii) any amount over the minimum purchase <br /> price 'id by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and <br /> delive of the Bonds. <br /> fi <br /> 1 ~c) Proceeds of the Bonds in the amount of $ are credited to the project <br /> Fund r the NW Quad (as defined in paragraph (f) of this Section), to be used to pay costs of <br /> issuan~ of the Bonds. <br /> I <br /> ~d) All proceeds of the Bonds, less the amounts credited to the Debt Service Fund <br /> under agraph (b) and credited to the project fund under paragraph (c) will be applied toward <br /> refund g of the Refunded Notes in accordance with Section 5 hereof. <br /> <br /> e) On or prior to the delivery of the Bonds, the Mayor and the City Manager are hereby <br /> author. ed and directed to execute on behalf of the City a Capitalized Interest Escrow agreement <br /> (the " crow Agreement") with Wells Fargo Bank, Minnesota (the "Escrow Agent") in <br /> subs ially the form now on file with the City. All essential terms and conditions of the Escrow <br /> Agree ent including payment by the City of reasonable charges for the services of the Escrow <br /> Agent ~ e hereby approved and adopted and made a part of this resolution, and the City covenants <br /> that it 11 promptly enforce all provisions thereof in the event of default thereunder by the Escrow <br /> Agent Proceeds of the Bonds deposited in the Debt Service Fund and allocated to capitalized <br /> interest i in accordance with paragraph (b) of this Section shall be deposited in with the Escrow <br /> Agent d invested in accordance with the terms of the Escrow Agreement. <br /> <br /> (f) Without regard to anything in this resolution to the contrary, (i) the pledge of <br /> Pledge Tax Increment hereunder is on a parity basis with the pledge of Pledged Tax Increment <br /> to the JCity's $20,450,000 General Obligation Tax Increment Bonds, Series 2006A; and (ii) <br /> Pledg Tax Increment shall be available (at the City's option on a parity, superior or <br /> subor mate basis) to pay principal of and interest on both the Bonds and any other obligations <br /> issued y the City to finance public development costs paid or incurred by the City in the <br /> geogr, hie area described in Minnesota Laws 1998, Ch. 389, Article 11, Section 24 (the "NW <br /> Quad' The City reserves the right to release all or any portion of Pledged Tax Increment from <br /> 310072v JB NE136-214 12 <br /> <br /> 3e <br /> 3j <br /> i~ <br /> i, <br /> i~ <br />
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