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5.0.-6.0. EDSR 08-12-2002
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5.0.-6.0. EDSR 08-12-2002
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City Government
type
EDSR
date
8/12/2002
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Documents"), in substantially the forms on file with the Secretary. All Bond Documents are <br /> authorized to be executed and delivered by the Authority and shall include (1) all other <br /> documentation which may be necessary for the Authority to execute in connection with the <br /> issuance of the Bonds and (2) any cross easement or similar agreements respecting the split of <br /> the current City Hall parcel occasioned by the issuance of the Bonds and of certain separately <br /> secured Series 2002A Bonds (being issued to assist in financing the City's public safety facility). <br /> All of the provisions of the Bond Documents, when executed and delivered as authorized herein, <br /> shall be deemed to be part of this resolution as fully and to the same extent as if incorporated <br /> herein and shall be in full force and effect according to the terms thereof from the date of <br /> execution and delivery thereof. The Authority hereby ratifies and approves the prior execution <br /> of the Lease and the Indenture and all other documents executed in connection with the issuance <br /> of the Series 1991 Bonds and the Series 1997 Bonds. <br /> 6. Binding Obligations;No Personal Liability. All covenants, stipulations, <br /> obligations and agreements of the Authority contained in this resolution and in the Bond <br /> Documents shall be deemed to be the covenants, stipulations, obligations and agreements of the <br /> Authority to the full extent authorized or permitted by law, and all such covenants, stipulations, <br /> obligations and agreements shall be binding upon the Authority. <br /> No covenant, stipulation, obligation or agreement herein contained or contained in the <br /> Bond Documents shall be deemed to be a covenant, stipulation, obligation or agreement of any <br /> Commissioner, or any officer, agent or employee of the Authority in that person's individual <br /> capacity, and neither the Commissioners of the Authority nor any officer executing the Bonds <br /> 11, shall be liable personally on the Bonds or be subject to any personal liability or accountability by <br /> reason of the issuance thereof. <br /> 7. Performance. The officers, attorneys and other agents or employees of the <br /> Authority are hereby authorized to do all acts and things required of them by or in connection <br /> with this resolution and the Bond Documents for the full, punctual and complete performance of <br /> all the terms, covenants and agreements contained in the Bonds, the Bond Documents and this <br /> resolution. <br /> 8. Furnishing of Certificates and Proceedings. The President and the Secretary and <br /> other officers of the Authority are authorized to prepare and furnish to the Purchaser and to bond <br /> counsel for the Bonds certified copies of all proceedings and records of the Authority relating to <br /> the Bonds, and such other affidavits and certificates as may be required to show the facts relating <br /> to the Bonds as such facts appear from the books and records in the officers' custody and control <br /> or as otherwise known to them; and all such certified copies, certificates and affidavits, including <br /> any heretofore furnished, shall constitute representations of the Authority as to the truth of all <br /> statements contained therein. <br /> 9. Negative Covenant as to Use of Project. The Authority hereby covenants not to <br /> use the Original Project or the Project, or to cause or permit the same to be used, or to enter into <br /> any deferred payment arrangements for the cost of the Project, in such a manner as (or to take <br /> any action or permit any other circumstance to exist or any action to be taken, the effect to which <br /> would be) to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 <br /> 4111 and 141 through 150 of the Code. In particular, but without limitation, the Authority covenants <br /> 1431832v1 3 <br />
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