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A RESOLUTION AUTHORIZING A PROJECT USER FEE AGREEMENT BY THE CITY OF FOLEY, ALABAMA AND THE CITY OF FOLEY PUBLIC FACILITIES COOPERATIVE DISTRICT (Foley Square II)
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA (THE “COUNCIL”), AS GOVERNING BODY OF THE CITY OF FOLEY, ALABAMA (the “City”), as follows:
Section 1. The City and The City of Foley Public Facilities Cooperative District (the “District”) have prepared that certain Project User Fee (Hilton Home 2) Agreement to be dated the date of delivery (the “Project User Fee Agreement”), as set forth in Exhibit A hereto, for the purposes referenced therein.
Section 2. The Council does hereby approve, adopt, authorize, direct, ratify and confirm:
(a) the agreements, covenants, and undertakings of the City set forth in the Project User Fee Agreement, and
(b) the terms and provisions of the Project User Fee Agreement, in substantially the form and of substantially the content as set forth in Exhibit A hereto, with such changes thereto (by addition or deletion) as the Mayor shall approve and as shall not increase the amount or the term of the obligations of the City thereunder, which approval shall be conclusively evidenced by execution and delivery of the Project User Fee Agreement as hereinafter provided.
Section 3.
(a) The Mayor is hereby authorized and directed to execute and deliver the Project User Fee Agreement for and on behalf of and in the name of the City. The City Clerk is hereby authorized and directed to affix the official seal of the City to the Project User Fee Agreement and to attest the same.
(b) The Mayor and the officers of the City are each hereby authorized and directed to take all such actions, and execute, deliver and perform all such agreements, documents, instruments, notices, and petitions and proceedings, with respect to the Project User Fee Agreement, as the Mayor and such officers shall determine to be necessary or desirable to carry out the provisions of this resolution or the Project User Fee Agreement or duly and punctually observe and perform all agreements and obligations of the City under the Project User Fee Agreement.
Section 4. All prior actions taken, and agreements, documents or notices executed and delivered, by the Mayor or any officer or member of the Council or other representative of the City, in connection with the agreements, covenants, and undertakings of the City hereby approved, or in connection with the preparation of the Project User Fee Agreement and the terms and provisions thereof, are hereby approved, ratified and confirmed.
Section 5. All ordinances, resolutions, orders, or parts of any thereof, of the Council in conflict, or inconsistent, with any provision of this resolution hereby are, to the extent of such conflict or inconsistency, repealed.
Section 6. This resolution shall take effect immediately.