Laserfiche WebLink
issuance of the Certificates, certified copies of all proceedings and records of the City relating to <br />�-- the Certificates and to the financial condition and affairs of the City, and such other affidavits, <br />certificates and information as are required to show the facts relating to the legality and <br />marketability of the Certificates as the same appear from the books and records under their <br />custody and control or as otherwise known to them, and all such certified copies, certificates and <br />affidavits, including any heretofore furnished, shall be deemed representations of the City as to <br />the facts recited therein. <br />L <br />13. Compliance With Reimbursement Certificate Regulations. The provisions of this <br />paragraph are intended to establish and provide for the City's compliance with United States <br />Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the <br />"reimbursement proceeds" of the Certificates, being those portions thereof which will be used by <br />the City to reimburse itself for any expenditure which the City paid or will have paid prior to the <br />Closing Date (a "Reimbursement Expenditure "). <br />The City hereby certifies and/or covenants as follows: <br />(a) Not later than sixty days after the date of payment of a Reimbursement <br />Expenditure, the City (or person designated to do so on behalf of the City) has made or will have <br />made a written declaration of the City's official intent (a "Declaration ") which effectively (i) <br />states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement <br />Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional <br />description of the property, project or program to which the Declaration relates and for which the <br />Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the <br />general functional purpose thereof from which the Reimbursement Expenditure was to be paid <br />(collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be <br />issued by the City for the purpose of financing the Project; provided, however, that no such <br />Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for <br />the Project, defined in the Reimbursement Regulations to include engineering or architectural, <br />surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not <br />exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of <br />Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the <br />proceeds of the Certificates. <br />(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of <br />the Certificates or any of the other types of expenditures described in Section 1.150- 2(d)(3) of <br />the Reimbursement Regulations. <br />(c) The "reimbursement allocation" described in the Reimbursement Regulations for <br />each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) <br />the issuance of the Certificates and in all events within the period ending on the date which is the <br />later of three years after payment of the Reimbursement Expenditure or one year after the date on <br />which the Project to which the Reimbursement Expenditure relates is first placed in service. <br />Each such reimbursement allocation will be made in a writing that evidences the City's use of <br />Certificate proceeds to reimburse the Reimbursement Expenditure and, if made within thirty <br />9 <br />2504596v1 <br />