80-2315 - Laserfiche WebLink

Home Browse Search

13. Covenants with Holder; Enforceability. All provi- sions of the Note and of this Resolution and all representations and undertakings by the City in the Loan Agreement, Construction Loan Agreement and the Loan Agreement Assignment are hereby declared to be covenants between the city and the Construction Lender and its successor Holders of the Note and shall be enforce- able by the Lender or any Holder in a proceeding brought for that purpose. 14. Definitions and Interpretation. Terms not other- wise defined in this Resolution but defined in the Loan Agreement shall have the same meanings in this Resolution and shall be interpreted herein as provided therein, Notices may be given as provided in Section 9.01 of the Loan Agreement. In case any provision of this Resolution is for any reason illegal or invalid or inoperable, such illegality or invalidity or inoperability shall not affect the remaining provisions of this Resolution, which shall be construed or enforced as if such illegal or invalid or inoperable provision were not contained herein. 15, certifications. The Mayor, city Manager, City Clerk-Treasurer and other officers of the city are authorized and directed to prepare and furnish to Messrs. Faegre & Benson, bond counsel, to the Company, to the Construction Lender, Permanent Lender and to counsel for the Borrowers and counsel for the Construction Lender and Permanent Lender, certified copies of all proceedings and records of the City relating to the Project and the Note, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representa- tions of the city as to the truth of all statements contained therein. Approved Mayor Attest City Clerk-Treasurer -7-