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hearing on the proposed issuance of the Bonds and the proposal to undertake and finance the <br />Project. <br />(b) As required by the Act and Section 147(f) of the Code the City Council has on <br />this same date held a public hearing on the issuance of the Bonds and the proposal to undertake <br />and finance the portion of the Project located within the jurisdictional limits of the City, at which <br />all those appearing who desired to speak were heard and written comments were accepted. <br />Section 5. Host A proval. The City Council hereby gives the host approval required <br />under Section 147(f) of the Code and, pursuant to Minnesota Statutes §471.656, Subd. 2(2), the <br />City Council hereby consents to the issuance of the Bonds. <br />Section 6. Approval of PILOF Payment. In connection with the approval granted <br />herein to the issuance of the Bonds, and the anticipated exemption of the Facility from property <br />taxes due to the acquisition of the Facility by the Borrower, the City Council hereby accepts, as a <br />condition to the approval granted by this Resolution, payment of $194,276 in accordance with an <br />Agreement for Payment in Lieu of Fees to be executed by the Borrower and the City (the <br />"PILOF Agreement"). <br />Section 7. Authorization to Execute Agreements. The form of the proposed PILOF <br />Agreement is hereby approved in substantially the form presented to the City Council, together <br />with such additional details therein as may be necessary and appropriate and such modifications <br />thereof, deletions therefrom and additions thereto as may be necessary and appropriate and <br />approved by the City's Bond Counsel prior to the execution of the PILOF Agreement, and the <br />Mayor and City Clerk of the City are authorized to execute the PILOF Agreement in the name of <br />and on behalf of the City and such other documents and certificates as the City's Bond Counsel <br />considers appropriate in connection with the issuance of the Bonds. In the event of the absence <br />or disability of the Mayor or City Clerk such officers of the City as, in the opinion of the City <br />Attorney, may act on their behalf, shall without further act or authorization of the City Council <br />do all things and execute all instruments and documents required to be done or executed by such <br />absent or disabled officers. The execution of any instrument by the appropriate officer or <br />officers of the City herein authorized shall be conclusive evidence of the approval of such <br />documents and certificates in accordance with the terms hereof. <br />Passed and adopted this 16th day of July, 2012. <br />J J ietz, <br />ATTEST: <br />~__~~ <br />Tina Allard, City Cler <br />• <br />• <br />• <br />3 <br />404390v2 JSB EL185-19 <br />