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89-073 RES
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89-073 RES
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12/3/2007 2:38:13 PM
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7/26/2005 9:55:59 AM
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<br />. <br /> <br />. <br /> <br />. <br /> <br />2.2) Authorization and Execution of Documents. The forms <br />of the Ground Lease and the Lease and Purchase Option Agreement <br />are hereby approved, with such variations, insertions, and <br />additions as are deemed appropriate by the officers of the City <br />and Norwest. The Mayor and the City Administrator are hereby <br />authorized and directed to execute, attest and deliver the <br />Ground Lease and the Lease and Purchase Option Agreement. All <br />of the provisions of the Ground Lease and the Lease and <br />Purchase option Agreement, when executed and delivered as <br />authorized herein, shall be deemed to be a part of this <br />resolution as fully and to the same extent as if incorporated <br />verbatim herein and shall be in full force and effect from the <br />date of execution and delivery thereof. The Ground Lease and <br />the Lease and Purchase Option Agreement shall be substantially <br />in the forms presented to this Council and on file in the <br />office of the City Clerk, but with such variations, omissions <br />and insertions as may be approved by the officers executing the <br />same, which approval shall be conclusively evidenced by such <br />execution. In case any officer whose signature shall appear on <br />the Ground Lease and/or the Lease and Purchase Option Agreement <br />shall cease to hold such office before the delivery thereof, <br />such signature shall nevertheless be valid and sufficient for <br />all purposes. In the absence of the Mayor or the City <br />Administrator, the Ground Lease and/or the Lease and Purchase <br />Option Agreement, and any other documents authorized by this <br />resolution to be executed and delivered by the City, may be <br />executed and delivered by any other member of the City Council <br />in place of the Mayor or the City Administrator. <br /> <br />2.3) Delivery of Documents and Receipt of Advance. The <br />City shall execute and deliver the Ground Lease and the Lease <br />and Purchase Option Agreement, together with certified copies <br />of this resolution and such closing certificates, opinions and <br />related documents as are required by the attorneys representing <br />the City in this transaction and Norwest. Upon delivery of <br />such documents to Norwest, Norwest shall advance the sum of One <br />Hundred Sixty-five Thousand Dollars ($165,000) to the City. <br /> <br />section 3. Use of Proceeds. <br /> <br />3.1) Construction Account. A special fund designated "The <br />1989 Fire Station Addition Fund" (the "Fund") is hereby <br />established separate from other funds of the City. A separate <br />account is hereby established within the Fund designated "The <br />1989 Fire station Addition Construction Account." The funds <br />advanced to the City by Norwest in connection with the closing <br />of the transactions to which this resolution relates shall be <br />credited to The 1989 Fire Station Addition Construction <br />Account. All costs and expenses related to the construction of <br />the fire station addition shall be paid from such account <br />and/or the City's general fund shall be reimbursed for any such <br />costs paid from it. If after all such costs and expenses are <br />paid there shall remain any unexpended balance in such account, <br />the remainder of the funds in such account will be devoted to <br />such other uses as are permitted by applicable law. <br /> <br />4 . <br />
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