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<br /> NHEREAS, the funds from the proceeds of the Bond is s ue <br />will be made ava il able to Klister Pr'opert ies, a Colorado ge ner al <br />partnership ( the "Borrower" ) , for the acquisition and construction <br />of the Project: , <br /> WHEREAS, the initial owner, operator, and manager of the <br />Project will be the Borrower: and <br /> WHEREAS, the following documents have been submi tted to <br />the Co unc il and filed in the office of the City Clerk (the <br />"CI erk" ) and ar e there available for publ ic inspection: <br /> (a) a Loan Agreemen t, to be da ted as of the date of <br />delivery of the Bond ( the "Loan Agreemen t" ) , proposed to be made <br />and entered into amo ng the Iss uer , the Borrower, and Firs t <br />Na tio nal Bank in Boulder, in Boul der, Colorado ( the "Lender"): and <br /> (b) a Deed of Trust and Assignment of Rents and Leases, <br />to be da ted as of the da te of delivery of the Bond ( the "Deed of <br />Tr us t " ) amo ng the Borrower, the Publ ic Tr us tee of the Co un ty of <br />Boul der, and the Lender: and <br /> (c) a Guaranty Agreement, to be da ted as of the da te of <br />delivery of the Bond (the "Guaranty Agreemen t ") , be twee n Scope <br />Manufac tur ing , Inc. , a Colorado corporation ( the " G u a ran to r It ) , and <br />the Lender: and <br /> WHEREAS, it is necessary to author ize the issua nce of <br />the Bond by Ordinance and to approve the- form and author ize the <br />execution of documents in connection with the issuance thereof: <br />and <br /> WHEREAS, pursuant to Sections 103(b), 103(k) and 103(1) <br />of the In tern al Revenue Code of 1954, as ame nded, in order to <br />secur e a feder al tax exemption for the in teres t on the Bond is s ue d <br />by the Iss uer to finance the Project, the Iss uer must make an <br />election to is s ue such 80 nd , such Bond must be approved by the <br />elected 1 egi sla tive body of the Is suer after a publ ic hear ing <br />following reasonable public no tic e , and the Is s ue r must submi t a <br />report concerning the iss uance of the SO nd to the Secretary of the <br />Treasury no 1 a ter than the 15th day of the 2nd cal endar month <br /> I <br />after the close of the c ale ndar q uar ter in which the Bond is <br />i s s ue d ; <br /> - 3 - <br /> - <br />