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welfare of the citizens of the City; and that it is in the public interest that this Council take such action <br />as it lawfully may to encourage diversification of industry and promotion ofjob opportunities in and <br />near said City. <br />SECTION 2. The Common Council further finds, determines, ratifies and confirms that the <br />issuance and sale of economic development revenue bonds of the City under the Act in an amount <br />not to exceed $790,000 for the Project and the loan of the proceeds of the revenue bonds to the <br />Applicant will serve the public purposes referred to above, in accordance with the Act. <br />SECTION 3. In order to induce the Applicant to proceed with the Project, the Common <br />Council hereby finds, determines, ratifies and confirms that: <br />(i) It will take or cause to be taken such actions pursuant to the Act as may be reasonably <br />required to implement the aforesaid financing, or as it may deem reasonably appropriate <br />in pursuance thereof, provided that all of the foregoing shall be mutually acceptable to <br />the City and the Applicant; and <br />(ii) It will adopt such ordinances and resolutions and authorize the execution and delivery <br />of such instruments and the taking of such action as may be reasonably necessary and <br />advisable for the authorization, issuance and sale of said economic development bonds. <br />SECTION 4. All costs of the Project incurred for planning, engineering, interest paid during <br />construction, underwriting expenses, attorney and bond counsel fees, acquisition, construction and <br />equipping of the Project, including reimbursement or repayment to the Applicant of moneys expended <br />prior to the adoption by the Common Council of this resolution will be permitted to be included as <br />part of the Project costs to be financed out of the loan of the proceeds from the sale of the bonds to <br />the extent permitted by the Act and applicable regulations promulgated under the Internal Revenue <br />Code of 1986, as amended. <br />SECTION 5. All action taken and approvals given by the City with regard to the Applicant, <br />are based upon the evidence submitted and representations made by the applicant, its agents or <br />counsel to the Commission and the City. No independent examination, appraisal or inspection of the <br />Project was made, requested, or is contemplated by the City. <br />SECTION 6. The City does not, by this or any other approval or finding, guarantee, warrant <br />or even suggest that the bonds, coupons or series thereof will be a reasonable investment for any <br />person, firm or corporation. <br />SECTION 7. The City shall not be obligated, directly or indirectly, to see to the application <br />or use of the proceeds from the sale of the bonds or to see that the contemplated improvements, if <br />any, are constricted. The City is in no way responsible to the holders of any bonds for any payment <br />obligation created by the bonds. <br />nessLnm05940.1 -2- <br />