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1993 <br /> <br />i73 <br /> <br />(b) City Council's review .and.approval of the proposed lease <br />agreement and o~her necessary ~nd .required agreements between <br />the Authority and VRA or its authorized assignee or assignees; <br /> <br />(c) Receipt of an opinion from the Bond Counsel of the City <br />that the Debt Guaranty is a valid and binding obligation of the <br />City and is enforceable in accordance with its terms; <br /> <br />(d) Independent verification by the City Council of projected <br />revenues and expenses indicating that it is reasonable to expect <br />that debt service coverage for the Authority's bond issue is <br />attainable; <br /> <br />(e) Receipt of a properly and adequately documented <br />construction budget with written assurances the pro3ect will be <br />completed within that budget and holding the City and Authority <br />harmless for cost over-runs; <br /> <br />(f) Execution of a covenant by VRA and the Authority that <br />neither VRA, its assignees, nor the Authority will incur, assume <br />or ~ssue any debt without the prior written approval of the <br />Authority and the City; provided, however, that this condition <br />shall not preclude lenders from advancing reasonable working <br />capital to VRA or its assignees necessary for the ongoing <br />management, maintenance and operation of the horse racing <br />facility and related off-track betting facility, and provided <br />further that such working capital loans (1) will be used only to <br />fund short term cashflow needs and (2) will not be used to fund <br />capital improvements or to satisfy capitalization requirements; <br /> <br />(g) The Authority and the City shall have a recorded lien upon <br />all improvements to the horse racing facility and related <br />off-track betting facilities in all Jurisdictions and all other <br />assets provided however that the City may, with discretion, <br />agree to subordinate to further lienholders with respect to <br />future improvements to the off-track betting facilities; <br /> <br />(h) Review and approval by City Council, Bond Counsel and the <br />City Attorney or outside counsel of such contracts and bond <br />documents as may be required to affect the intent of this <br />resolution, such contracts and bond documents to contain <br />restrictions on payments to related parties, restrictions on <br />mergers, liquidations, reorganizations, and other reasonable and <br />customary provisions agreed to by the parties; <br /> <br />(i) Review and approval by City Council, the City Attorney <br />and/or outside counsel of a contractual agreement between the <br />City and the Authority; <br /> <br />(j) Receipt of appropriate legal opinions on all matters for <br />which the City Attorney or outside counsel deem such opinions <br />be necessary; <br /> <br />to <br /> <br />(k) Determination by the City Council that the level of equity <br />investment in the Project is adequate, given both the nature and <br />risk of the Project and the level of Bond indebtedness which <br />must be guaranteed; and <br /> <br />(1) Receipt, by City Council or the City Manager, of any other <br />documentation which they deem appropriate for review prior to <br />final approval of the City's ~uaranty." <br /> <br />Ayes: Clemons, Epperson, Griffin, Hawks, King, Pitts, Webb <br />Nays: None <br /> <br /> <br />