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A RESOLUTION AUTHORIZING THE EXECUTION OF THAT CERTAIN LOAN TERMINATION AGREEMENT AND CANCELLATION OF PROMISSORY NOTES.
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WHEREAS, on or about October 16, 2013, The City of Foley Public Facilities Cooperative District, an Alabama public corporation (the “District”), purchased certain real property located at 20733 Miflin Road, Foley, Alabama 36535 (the “Miflin Road Property”) from the City of Foley, an Alabama municipal corporation (the “City”), for a purchase price of $2,320,579, and in connection therewith, executed that certain Promissory Note in favor of the City in the original principal amount of $2,320,579.00 (the “Miflin Note”); and
WHEREAS, on or about February 17, 2014, the District purchased certain real property located at 410 East Section Avenue, Foley, Alabama 36535 (the “Section Avenue Property”) from the City for a purchase price of $3,250,000.00, and in connection therewith, executed that certain Promissory Note in favor of the City in the original principal amount of $3,250,000.00 (the “Section Note”, and collectively with the Miflin Note, the “Notes”); and
WHEREAS, the District subsequently transferred the Miflin Road Property and the Section Avenue Property to Coastal Alabama Farmers’ and Fishermen’s Market, Inc., an Alabama nonprofit corporation, in connection with a New Markets Tax Credit (“NMTC”) transaction involving financing for the development of a farmers’ and retail market on the Miflin Road Property and a wholesale distribution facility on the Section Avenue Property; and
WHEREAS, in accordance with NMTC regulations, the compliance period for the NMTC transaction ended on July 11, 2021 and the NMTC transaction was terminated on July 15, 2021; and
WHEREAS, as a result of the completion and termination of the NMTC transaction, the District and the City now desire to terminate the Notes; and
WHEREAS, it is deemed necessary, desirable and in the best interest of the taxpayers and citizens of the City for the City to ent...
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