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<br />approval to be conclusively evidenced by execution and delivery of the Tax Regulatory Agreement <br />by an Authorized Representative. <br /> <br />Section 4. Subject to approval as to form of the Authority Attorney, the form of the <br />Escrow Agreement presented at this meeting is hereby approved and the Authorized Representative <br />is hereby authorized to execute by manual or facsimile signature and deliver the Escrow Agreement <br />with such changes and insertions therein as may be necessary to cause the same to carry out the <br />intent of this Resolution and as are approved by counsel to Authority, such approval to be <br />conclusively evidenced by execution and delivery of the Escrow Agreement by an Authorized <br />Representative. <br /> <br />Section 5. <br /> <br />The Board of Directors of the Authority hereby finds and determines that: <br /> <br />A. <br />the Act; <br /> <br />the use of the Project in an Empowerment Zone is in accord with Section 9 I 503 of <br /> <br />B. the use of the Project is likely to result in public benefits and employment benefits by <br />securing or increasing the number of employees of the Borrower, and any other direct users of the <br />Project or the compensation for such employment; <br /> <br />C. the Bond issued by the Authority in the amount sufficient to finance all or a portion <br />of the costs of the Project is likely to be a substantial factor in the accrual of each of such public <br />benefits from the use of the Project; and <br /> <br />D. the proposed financing of the Project is otherwise in accord with the purposes and <br />requirements of the Act. <br /> <br />Section 6. In no event shall the Bond constitute a pledge of faith and credit of the <br />Authority, the City, the State of California (the "State") or any political corporation, subdivision or <br />agency of the State, and none of the City, the State or any political corporation, subdivision or <br />agency of the State shall be liable to make any appropriation for the repayment of the Bond. The <br />Bond shall constitute 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 Bond. <br /> <br />Section 7. The Authorized Representative or his or her designee is hereby requested and <br />authorized to (i) file a copy of this Resolution and the Application with the Clerk of the City, and <br />(ii) file such information with the California Industrial Development Financing Advisory <br />Commission as may be required for the review and approval of the Project pursuant to Section 91531 <br />of the Act. Publication of the notice of the filing of the Application by the Applicant in accordance <br />with Section 91530(e) of the Act in a newspaper of general circulation within the City on August 3, <br />2007 is hereby approved, confirmed and ratified. <br /> <br />Section 8. The Authorized Representative or duly appointed designee is hereby <br />requested to conduct a public hearing with respect to the financing of the Project for the purpose of <br />satisfYing the public approval requirements of Section 147(f) of the Internal Revenue Code of 1986. <br />Publication of the notice of such public hearing in a newspaper of general circulation within the City <br />on August 3, 2007 is hereby approved, confirmed and ratified. <br /> <br />DOCSOCIl23 3212v2/200039_000 1 <br /> <br />3 <br /> <br />