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EXTRACT OF MINUTES OF A MEETING OF THE <br />CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA <br /> <br /> Pursuant to due call and notice thereof, a regular meeting of the City Council of the City <br />of Elk River, Minnesota was duly called and held at the City Hall on August 12, 2002, <br />commencing at approximately __ o'clock P.M. <br /> <br />The following Councilmembers were present: <br /> <br />and the folldwing were absent: <br /> <br /> Councilmember <br />adoption: <br /> <br />introduced the following resolution and moved its <br /> <br />RESOLUTION NO. 02- <br /> <br /> RESOLUTION AUTHORIZING <br />THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT <br />AND CONTINUING DISCLOSURE UNDERTAKING <br /> <br /> WHEREAS, the City of Elk River, Minnesota (the "City"), is authorized, pursuant to <br />Minnesota Statutes, Section 465.71, to enter into lease purchase agreements; <br /> <br /> WHEREAS, the Elk River Economic Development Authority, a body corporate and <br />politic (the "Authority"), has agreed to enter into a certain Lease Agreement (the "Lease") with <br />the City pursuant to which the City and the Authority will provide for construction ora public <br />safety facility (the "Project") to be used by the City; <br /> <br /> WHEREAS~ in order to carry out the transaction, the Authority will lease the Project to <br />the City pursuant to the Lease; <br /> <br /> WHEREAS, the Authority will issue certain of its revenue bonds (the "Bonds) to provide <br />funds to finance the Project pursuant to a Mortgage and Security Agreement and Indenture of <br />Trust, dated as of September 1, 2002 (the "Indenture"), between the Authority and U.S. Bank <br />National Association, as mortgagee and Trustee, setting forth the form and details of the Bonds <br />and their issuance, pledging the rental payments derived from the Lease to the payment of the <br />Bonds and granting to the Trustee a mortgage interest in the Project, with certain reservations, as <br />security for the Bonds; and <br /> <br />1431807vt <br /> <br /> <br />