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94-124
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94-124
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<br />WHEREAS, forms of the following documents (including the exhibits referred <br />to therein) have been submitted to the Issuer: <br /> <br />a. an Indenture of Trust, dated as of October 1, 1994, to be made <br />and entered into between the Issuer and First Trust National Association, as <br />trustee (the "Trustee") , providing for the issuance of the Bonds, prescribing <br />the form thereof, pledging the trust estate described therein for the security <br />of the Bonds, and setting forth proposed recitals, covenants and agreements <br />by the parties with respect thereto; <br /> <br />b. a Loan Agreement, dated as of October 1, 1994, to be made and <br />entered into between the Issuer and the Borrower, providing for the loan to <br />the Borrower of the proceeds of the Bonds; <br /> <br />c. a Regulatory Agreement, dated as of October 1, 1994, to be <br />executed by the Issuer, Trustee and the Borrower, setting forth certain <br />covenants of the Borrower relating to the compliance of the Project with <br />federal tax law restrictions relating to the Bonds; <br /> <br />d. a Bond Purchase Agreement (the "Bond Purchase Agreement"), <br />by and among the Issuer, the Borrower and Piper Jaffray Inc. (the <br />"Underwriter") providing for the purchase of the Bonds by the Underwriter; <br /> <br />e. a Limited Offering Memorandum (the "Limited Offering <br />Memorandum") . <br /> <br />The agreements described and referred to in paragraphs a through d above, <br />shall hereinafter sometimes be referred to collectively as the "Agreements"; <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF NEW BRIGHTON, MINNESOTA THAT: <br /> <br />Section 1. The Issuer acknowledges, finds, determines, and declares that the <br />preservation of the quality of life in the City is dependent upon the maintenance, <br />provision, and preservation of an adequate housing stock, which is affordable to <br />persons and families of low or moderate income, that accomplishing this,is a public <br />purpose, and that many would-be providers of housing units for low and moderate <br />income persons in the City are either unable to afford mortgage credit at present <br />market rates of interest or are unable to obtain mortgage credit. The Issuer also <br />hereby finds, determines and declares that the Project has been designed to be <br />affordable by persons and families with adjusted gross incomes not in excess of 110 <br />percent of the median family income as most recently estimated by the United States <br />Department of Housing and Urban Development for Hennepin County, and that, <br />based solely on representations of the Borrower, at least 40 percent of the dwelling <br />units in the Project will be held for occupancy by families and individuals with <br />adjusted gross incomes not in excess of 60 percent of the median family income. <br /> <br />Section 2. The Issuer further finds, determines, and declares that the <br />purpose of the Program is to issue the Bonds, the proceeds of which will be used to <br />finance the acquisition and rehabilitation of the Project for occupancy primarily by <br />persons of low and moderate income, and the Issuer hereby approves and adopts the <br />Program. <br /> <br />SNG77127 <br />NE136-119 <br /> <br />2 <br />
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