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Section 12. The Mayor and the City Manager are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required by the Loan Agreement, or any other certificates or documents which are deemed necessary and as may be approved by special bond counsel to evidence facts and circumstances related to the City and the validity or enforceability of the Bonds, or the other documents referred to in this resolution to which the City is a party, or to evidence compliance with Section 103 (b) (6) of the Internal Revenue Code of 1954, as amended, or Section 148 of the Internal Revenue Code of 1986, as amended; and the Mayor and the Ci ty Manager are hereby designated as officers of the City for the purposes of executing any such certificate or other documents of the City; and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the City. Section 13. If for any reason the Mayor of the City is unable to execute and deliver those documents referred to in this Resolution any other member of the City Council of the City may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the City Manager or the Clerk-Treasurer of the City are unable to execute and deliver the documents referred to in this resolution, such documents may be executed and delivered by any other member of the City Councilor the City Clerk-Treasurer with the same force and effect as if such documents were executed and deli vered by the City Manager or Ci ty Clerk-Treasurer of the City. Section 14. All costs incurred by the City in connection with the issuance, sale and delivery of the Bonds or any other agreement or instrument relative to the Bonds, whether or not actually issued or delivered, shall be paid by the Owner or reimbursed by the Owner to the City. Section 15. Pursuant to the requirements of Treasury Regulations, Section 1.103-l0(b)(2)(vi) and (c)(2), adopted pursuant to Sections 103(b)(6)(D) and (H) of the Internal Revenue Code of 1954, as amended, the City hereby makes the election referred to in such statutes and regulations. This resolution is deemed to qualify as the "books or records" of the City for purposes of this "$10,000,000 election." Section 16. This resolution shall be in full force and effect from and after its passage. Passed and adopted by the Council of the City of New Brighton, Minnesota, at a regular meeting of the Council held the 25th day of July, 1989. -5-