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<br /> WHEREAS, a Financing Agreement, to be dated as of May 1, 2006 (the <br />"Agreement"), among the Issuer, the Borrower and Wells Fargo Bank, N.A., a national banking <br />association (the "Bank") has been submitted to the City Council (the "Council") and filed in the <br />office of the Louisville City Clerk (the "Clerk"), and is there available for public inspection; and <br /> WHEREAS, the Council desires at this time to authorize the issuance of the <br />Bond, for the purpose of the Project; and <br /> WHEREAS, a public hearing before the Council concerning the proposed Bonds <br />and the nature and location of the Project is scheduled to be held on June 6, 2006, and such <br />public hearing in accordance with Section 147(f) of the Internal Revenue Code of 1986 will be <br />required as condition to the issuance and sale of the Bonds; and <br /> WHEREAS, it is necessary or desirable to authorize the issuance of the Bond by <br />Ordinance and to approve the form and authorize the execution of the Agreement. <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF <br />LOUISVILLE AS FOLLOWS: <br />Section 1. Determinations. It is hereby found, determined and declared, that: <br /> (a) The financing of the Project will promote the public health, welfare, <br />safety, convenience and prosperity and promote and develop trade or other economic activity by <br />inducing a non-profit corporation to locate, expand or remain in the Issuer and the State of <br />Colorado to secure and maintain a balanced and stable economy for the Issuer and the State of <br />Colorado. <br /> (b) The maximum amounts necessary in each year to pay the principal of and <br />interest on the Bond and the interest rate or rates to be borne by the Bond are as provided in the <br />Agreement. <br /> 2 <br />