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Resolution 2219
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Resolution 2219
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7/8/2008 7:45:47 AM
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6/19/2008 4:42:57 PM
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<br />e e <br /> <br />. <br /> <br /> <br /> <br /> <br /> <br />No reserve funds are deemed necessary for this purpose. <br />The Loan Agreement obligates the Company to provide for <br />the operation and maintenance of the Project, including <br />adequate insurance, taxes and special assessments. <br /> <br />(h) Under the provisions of Section 474.10 of the <br />Act, and the Note shall recite that, the Note is not to <br />be payable from nor charged upon any funds other than <br />amounts payable by the Company pursuant to the Loan <br />Agreement which are pledged to the payment thereof, <br />and, in event of default, moneys derived from fore- <br />closure or other enforcement of the Mortgage, the <br />Assignment of Rents and the Guaranty Agreement; the <br />City is not subject to any liability thereon; no Holder <br />of the Note shall ever have the right to compel the <br />exercise of the taxing power of the City to pay the <br />Note or the interest thereon, nor to enforce payment <br />thereof against any property of the City; and the Note <br />shall not constitute a charge, lien or encumbrance, <br />legal or equitable, upon any property of the City; and <br />such Note does not constitute an indebtedness of the <br />City within the meaning of any constitutional or <br />statutory limitation. <br /> <br />(i) No member of the City Council (i) has a <br />direct or indirect interest in the Project, the Loan <br />Agreement, the Loan Agreement Assignment, the Escrow <br />Agreement or Note, (ii) owns any capital stock of or <br />other interest in the Project or the Company, (iii) is <br />an officer or director of the Company, (iv) will be <br />involved in supervising the completion of the Project <br />on behalf of the Company, or (v) will receive any <br />commission, bonus or other remuneration for or in <br />respect of the Project, the Loan Agreement, the Loan <br />Agreement Assignment, the Escrow Agreement or the Note. <br /> <br />5. Approval and Execution of Documents. The forms of <br />Mortgage, Lease, Assignment of Rents, Guaranty Agreement, Loan <br />Agreement, Loan Agreement Assignment and Escrow Agreement referred <br />to in paragraph 3 are approved. The Loan Agreement, Loan Agree- <br />ment Assignment and Escrow Agreement shall be executed in the <br />name and on behalf of the City by the Mayor (or acting Mayor) <br />and the City Manager in substantially the form on file, but with <br />all such changes therein, not inconsistent with the Act or other <br />law, as may be approved by the ,Mayor (or acting Mayor), City <br />Manager and the City Attorney, which approval shall be conclu- <br />sively evidenced by the execution thereof. The Mortgage, Lease, <br />Assignment of Rents and Guaranty Agreement may contain such <br />revisions as may be approved by the Lender and the Company or <br />Guarantors. The Mayor (or acting Mayor), City Manager and <br />City Clerk are authorized to execute and deliver, on behalf of <br />the City, such other documents as are required by the Loan <br />Agreement. <br />
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