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revenues available to the Debt Service Account will produce at least 5% in excess of the amount needed to meet, when due, the principal of and interest ~n~~s. Accordingly, no tax levy is needed at this time or anticipated to be necessary hereafter. The City Finance Director is directed to file a certified copy of this Resolution with the County Auditor of Sherburne County and to obtain the certificate of said official required by Minnesota Statutes, Section 475.63. 15. General Obliqation Pledqe. The full faith and credit and taxing powers of the City are hereby pledged to the payment of the principal of and interest on the Bonds, and in the. event of any current or anticipated deficiency of funds in the Debt Service Account of amounts needed to make any such payment, when due, the Council shall levy ad valorem taxes on all taxable property in the City in tke amount of such deficiency. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be rei,~bursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 16. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, ~~~=~cates ~ information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 17. Neqative Covenant as to Use of Ice Arena. The City hereby covenants not to use the Ice Arena or to cause or permit the Ice Arena to be used, or to enter into any deferred arrangements for use of the Ice Arena or payment of the cost of the Ice Arena, in such a manner as (or to take any action or permit any other circumstance to exist or any action to be taken, the effect to which would be) to cause the Bonds to be "private activity bonds" within the meanin~ of Sections 103 and 141 through 150 of the Code. In particular, but without limitation, the City covenants to forebear the implementation, effectuation or enforcement of any and all contracts or other agreements respecting the Ice Arena or any property benefitted thereby or assessed winh respect thereto, which it may now or in the future have with users, managers, developers, contractors, owners or any other person or parties to the extent that such implementation, 324502.1 1 !