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6 <br /> PUBLIC WORKS TRUST FUND <br /> ATTACHMENT II: ATTORNEY'S CERTIFICATION <br /> MARK SOINE , hereby certify: <br /> I am an attorney at law admitted to practice in the State of Washington and the duly <br /> appointed attorney of the CITY OF EVERETT <br /> (the LOCAL GOVERNMENT); and <br /> I have also examined any and all documents and record which are pertinent to the loan <br /> agreement, including the application requesting this financial assistance. <br /> Based on the foregoing, it is my opinion that: <br /> 1. The LOCAL GOVERNMENT is a public body, properly constituted and operating <br /> under the laws of the State of Washington, empowered to receive and expend <br /> federal, state and local funds, to contract with the State of Washington, and to <br /> receive and expend the funds involved to accomplish the objectives set forth in their <br /> application. <br /> 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund <br /> financial assistance and to provide for repayment of the loan as set forth in the loan <br /> agreement. <br /> 3. There is currently no litigation in existence seeking to enjoin the commencement or <br /> completion of the above-described public facilities project or to enjoin the LOCAL <br /> GOVERNMENT from repaying the Public Works Trust Fund loan extended by the <br /> DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a <br /> party to litigation which will materially affect its ability to repay such loan on the terms <br /> contained in the loan agreement. <br /> 4. Assumption of this obligation would not exceed statutory and administrative rule debt <br /> limitations applicable to the LOCAL GOVERNMENT. <br /> Signature of Attorney Date <br /> MARK SOINE <br /> Name <br /> 2930 WETMORE AVE, SUITE 10C, EVERETT WA 98201 <br /> Address <br /> T:\Contracting\CONTRACT\Attcert.doc <br /> 39 <br />