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83-3635 Intent Issue Central Mall IRB1 A RESOLUTION EXPRESSING THE INTENTION OF THE CITY OF SALINA, KANSAS, TO ISSUE REVENUE BONDS IN AN AMOUNT OF NOT TO EXCEED $24,600,000 FOR THE PURPOSE OF FINANCING CERTAIN COMMERCIAL AND RETAIL FACILITIES COMPRISING A SHOPPING CENTER. WHEREAS, the City of Salina, Kansas (the "City"), a body politic and corporate and a political subdivision of the State of Kansas is authorized and empowered by the provisions of the Kansas Statutes Annotated, Sections 12-1740 et seq., as amended (the "Act"), to finance a project, as that term is defined in the Act, and to issue its revenue bonds for the purpose of paying the cost of financing.a project; and, WHEREAS, (i) WFT A Land Co., a Kansas general partnership, (ii) WFT B Land Co., a Kansas limited partnership, (iii) Penn Land Co., a Kansas limited partnership, (iv) Dill Land Co., a Kansas limited partnership, (v) Bell Land Co., a Kansas limited partnership, and (vi) Future Land Co., a Kansas limited partnership (the "Companies"), have requested the City to issue its revenue bonds pursuant to provisions of the Act for the purpose of financing certain commercial and retail facilities comprising a shopping center (the "Project"), for the Companies at an aggregate cost now estimated not to exceed $24,600,000; and, WHEREAS, under the Act the City has been requested to finance the cost of the Project by the issuance of the City's Revenue Bonds (i) (WFT A Land Co.'s Central Mall Project) Series 1983 in an amount now estimated not to exceed $10,000,000; (ii) (WFT B Land Co.'s Central Mall Project) Series 1983 in an amount now estimated not to exceed $1,000,000; (iii) (Penn Land Co.'s Central Mall Project) Series 1983 in an amount now estimated not to exceed $3,500,000; (iv) (Dill Land Co.'s Central Mall Project) Series 1983 in an amount now estimated not to exceed $5,000,000; (v) (Bell Land Co.'s Central Mall Project) Series 1983 in an amount now estimated not to exceed $2,550,000; and (iv) (Future Land Co.'s Central Mall Project) Series 1983 in an amount now estimated not to exceed $2,550,000 (collectively, the "Bonds"); and, WHEREAS, it is intended that the Project will be leased to and operated by the Companies under separate Lease Agreements; and, WHEREAS, the Bonds, if issued by the City, would be payable solely out of the rentals, revenues and receipts derived from the leasing of the Project from the City to the Companies; and, NOW THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That the Governing Body of the City hereby finds and determines that the issuance of its revenue bonds to finance the costs of the Project will be in furtherance of the public purposes set forth in the Act, and that the Project will promote the welfare of the City. Section 2. That the Governing Body of the City hereby approves the Project for the Companies to be financed out of the proceeds of approximately $24,600,000 principal amount of Revenue Bonds of the City to be issued pursuant to the Act. Section 3. That the City officials are hereby authorized and directed to proceed with the necessary negotiations relating to said Project and the preparation of the legal documents relating thereto for final action by the Governing Body of the City. 1 1 Section 4. Each issue of the Bonds will be issued with the express condition that the Companies will waive any ad valorem property tax exemption which would otherwise be available to the Project under K.S.A. 79-201(a) Second, las amended. Section -5. In the event the Bonds are not ultimately issued for any reason, the City of Salina, Kansas, shall not be obligated to have assumed or incurred any liability or obligation to the Companies or any other party by virtue of this resolution or by virtue of any proceedings or action taken in connection therewith, or in reliance thereon. Passed by the City Commission and signed by the Mayor this 24th day of I Ma rc h , 1983. (SEAL) ATTEST: D. L. Harrison, City Clerk 3_�r_ -� Y Keith G. Duckers, Mayor