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<br />. <br /> <br />same to carry out the intent of this Resolution and as are approved by counsel to <br />the Authority, such approval to be conclusively evidenced by the execution and <br />delivery of the Loan Agreement. Payment of the principal, premium, if any, and <br />the interest on the Loan shall be made solely from the revenues received by the <br />Authority from the Borrower pursuant to the Loan Agreement, and the Loan shall <br />not be deemed to constitute a debt or liability of the Authority, the City, the State <br />of California or any political subdivision thereof. The Authority further authorizes <br />and approves lending the proceeds of the Loan to the Borrower to finance a <br />portion of the costs of the Project pursuant to the terms and provisions of the <br />Loan Agreement. <br /> <br />Section 3. Subject to approval as to form of the Authority Attorney, the <br />form of the Tax Regulatory Agreement presented at this meeting is hereby <br />approved, and the Authorized Representative is hereby authorized to execute by <br />manual of facsimile signature and deliver the Tax Regulatory Agreement with <br />such changes and insertions therein as may be necessary to cause the same to <br />carry out the intent of this Resolution and as are approved by counsel to <br />Authority, such approval to be conclusively evidenced by execution and delivery <br />of the Tax Regulatory Agreement by an Authorized Representative. <br /> <br />Section 4. <br />determines that: <br /> <br />The Board of Directors of the Authority hereby finds and <br /> <br />. <br /> <br />(a) the use of the Project in an Empowerment Zone is in accord with <br />Section 91503 of the Act; <br /> <br />(b) the use of the Project is likely to result in public benefits and <br />employment benefits by securing or increasing the number of employees of the <br />Borrower, and any other direct users of the Project or the compensation for such <br />employment; <br /> <br />(c) the Loan made by the Authority in the amount sufficient to finance <br />all or a portion of the costs of the Project is likely to be a substantial factor in the <br />accrual of each of such public benefits from the use of the Project; and <br /> <br />(d) the proposed financing of the Project is otherwise in accord with the <br />purposes and requirements of the Act. <br /> <br />. <br /> <br />Section 5. In no event shall the Loan constitute a pledge of faith and <br />credit of the Authority, the City, the State of California (the "State") or any political <br />corporation, subdivision or agency of the State, and none of the City, the State or <br />any political corporation, subdivision or agency of the State shall be liable to <br />make any appropriation for the repayment of the Loan. The Loan shall constitute <br />a special obligation of the Authority payable solely from the revenues or other <br />sources provided for in the Loan Agreement and proceedings relating to the <br />Loan. <br /> <br />IDA Resolution No. 2004-001 <br />Page 3 of 5 <br />