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RES 2004-14 KCCHA CONTINGENT LOAN AGREEMENTRESOLUTION NO. 2004-14 A RESOLUTION of the City Council of the City of Bainbridge Island declaring its intent to enter into a Contingent Loan Agreement with Kitsap County Consolidated Housing Authority to provide assistance to the Authority in the repayment of bonds, notes and other obligations issued or incurred to provide financing for housing purposes. WHEREAS, RCW 35.83.050 provides that a city may lend or donate money to a housing authority or agree to take such action; and WHEREAS, the Authority expects to acquire a mobile home park currently known as the Islander Mobile Home Park and located within the City at [201 Madrona Way NE), and to develop such site for housing purposes (the "Project"); and WHEREAS, it is anticipated that the Authority will issue bonds or notes in an aggregate principal amount not to exceed $6 1 3 0 . o o.0and will incur other obligations related thereto (such as reimbursement obligations for letter of credit draws or the requirement to maintain a reserve account at a specified level) (collectively with any bonds and notes, the "Obligations"), to provide financing for the Project; and WHEREAS, it is anticipated that the parties to whom payments are due under the Obligations will request additional assurances that such payments will be paid when due; and WHEREAS, the City Council finds that the Project is in the City's best interest; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, as follows: Section 1. To assist in the financing of the Project, with the public benefits resulting therefrom, the City declares its intention, subject to the conditions and terms set forth herein, to enter into a contingent loan agreement with the Authority (the "Agreement") pursuant to which the City will make loans to the Authority in the event the Authority is unable to make payments under the Obligations, when due. The Agreement will be executed and delivered by the City only if the City finds the terms of both the Agreement and the Obligations to be acceptable. Section 2. The adoption of this resolution does not constitute a guarantee that the Agreement will be executed or delivered by the City or that the Project will be financed as described herein. ADOPTED by the City Council of the City of Bainbridge Island, Washington, at a regular open public meeting thereof, this 28th day of Apri 1 , 2004. APPROVED by the Mayor this 29th day of April , 2004. CITY OF BAINBRIDGE ISLAND, WASHINGTON Darlene Kordonowy, ATTEST: Susan P. Kasper, City Cler FILED WITH THE CITY CLERK: April 20, 2004 PASSED BY THE CITY COUNCIL: April 28, 2004 RESOLUTION NO. 2004-14 50426627.01 _, _.7- - T