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2008 - Resolution - Issuance of Tax-Exempt Industrial Revenue BondsRESOLUTION NO. 2008 A RESOLUTION OF THE CI1Y OF PORT ORCHARD, WASHINGTON, APPROVING THE ISSUANCE OF TAX-EXEMPT INDUSTRIAL REVENUE BONDS FOR THE INDUSTRIAL DEVELOPMENT CORPORATION OF KITSAP COUN1Y FOR THE BENEFIT OF CARA GROUP, LLC PURSUANT TO RCW 39.84.060. WHEREAS, the Legislature of the State of Washington has provided for the creation of public corporations by municipalities pursuant to Chapter 300, Laws of Washington, 1981 (Regular Session) codified as Chapter 39.84 HCW, as amended (the "Act"), for the purpose of facilitating economic development and employment opportunities in the State of Washington; and WHEREAS, pursuant to the Act, the Industrial Development Corporation of Kitsap County (the "Development Corporation") was formed in order to carry out the purposes of the Act; and WHEREAS, the Development Corporation has received an application from CARA Group, LLC (the "Borrower'') for the purpose of providing financing for the construction of a manufacturing facility at 1525 Vivian Court, Port Orchard, Washington (the "Project"), which is within the boundaries of the City of Port Orchard, Washington (the "city"); and WHEREAS, the Development Corporation and its bond counsel have reviewed the application of the Borrower and have determined that the Project qualifies as an "industrial development facility" within the meaning of the Act; and WHEREAS, the Development Corporation has taken official action with respect to the issuance of industrial revenue bonds in an amount not to exceed $2,000,000 (the "Bonds") on September 7, 1999 and November 4, 2002; and WHEREAS, the Act provides that each county, city or town within whose planning jurisdiction the Project is to be located must approve the issuance of revenue bonds by the Development Corporation for such Project; and WHEREAS, the Development Corporation, as the issuer of the Bonds for the Project, has requested the approval of the city pursuant to the Act; and WHEREAS, the city has been assured that there will be no financial liability accruing to the city as a result of such approval and that this approval shall constitute approval solely for the purpose of permitting the Development Corporation to proceed with the issuance of the Bonds, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The city, pursuant to Chapter 39.84 RCW, does hereby approve the issuance of the Bonds by the Development Corporation for the purposes of financing the Project under the Act. The Bonds are anticipated to be issued by the Development Corporation in a principal amount not to exceed $2,000,000 pursuant to a resolution of the Board of Directors of the Development Corporation for the purposes of financing the Project under the Act. Resolution No. 2008 Page 2 of2 The proceeds of the Bonds will be loaned to the Borrower, pursuant to a Loan Agreement with the Development Corporation, and used for the purposes of paying all or a part of the costs of the Project within the boundaries of the city. The Bonds shall be payable solely from the Borrower's repayments of the loan under the loan agreement. The Bonds shall not constitute an obligation of the city, and no tax funds or other revenues of the city shall be used to pay the principal of, premium, if any, or interest on the Bonds. Neither the faith and credit nor any taxing power or revenues of the city shall ever be pledged to pay the principal of, premium, if any, or interest on the Bonds. SECTION 2. This resolution is intended solely to constitute approval of the issuance of the Bonds within the meaning of RCW 39.84.060. This approval shall not in any way be deemed to be a review or final approval of any development permit for the Project which may be in process, or may be submitted at a future date. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the ae• n '"""'""""" <>f '""' P"~'!l' fuie 24' OOy of Februe, 2<l~. (} ~~~ ~LE=-s"'L"""I E=--cJ .-:-W:':cEA::-:-::T:::-H:::E:=R::-:IL-:-L-,, Mc:A-:-:Y-:-O=cR=---