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<br />l~ <br /> <br />, '" <br /> <br />.;. <br /> <br />...r <br /> <br />conditions precedent to the issuance of the bonds that (a) the Borrowaer shall hve <br />agreed to indemnify and hold harmless the City against any claims against the City <br />relating to the bonds or the Project; (b) the Borrower shall have agreed to make <br />payments in lieu of taxes to the City in amounts acceptable to the City during the <br />ownership of the Project by the Borrower; (c) that documents relating to the <br />issuance of the bonds be provided to the City for review prior to bond issuance; (d) <br />that the indenture of trust providing for issuance of the bonds provide that the City <br />be notified upon the occurrence of an event of default thereunder; and (e) that the <br />Borrower pay to the City any costs incurred by the City relating to the bonds <br />(including, without limitation, attorneys' fees) and pay to the City its standard <br />application fee with respect to the bonds; and sUbject to such other modifications <br />as are deemed appropriate and approved by the City Attorney and the Mayor, <br />which approval shall be conclusively evidenced by the execution of the Joint <br />Powers Agreement by the Mayor and the City Manager . The Mayor and <br />the City Manager are hereby authorized and directed to execute the Joint <br />Powers Agreement. The Mayor and the City Managp.r are also authorized and <br />directed to execute such other instruments as may be required to give effect to the <br />transaction herein contemplated. <br /> <br />Section 3. <br /> <br />Authentication of Proceedings. <br /> <br />The Mayor and City Manager and other officers of the City are <br />authorized and directed to furnish to the Borrower and the attorneys rendering an <br />opinion on the issuance of the bonds, certified copies of all proceedings and records <br />of the City relating to the bonds and such other affidavits and certificates as may <br />be required to show the facts relating to the legality and marketability of the <br />bonds as such facts appear from the books and records in the officer's custody and <br />control or as otherwise known to them; and all such' certified copies, certificates <br />and affidavits, including any heretofore furnished, shall constitute representations <br />of the City as to the truth of all statements contained therein. <br /> <br />_ Adopted this 26th day of June, 1990. <br /> <br />~~ <br /> <br />.... <br /> <br />2 <br /> <br />'. ~ <br /> <br />-1" <br />