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certification for three limited liability companies controlled by the Company <br /> ("Subsidiaries") to facilitate use of the City NMTC Allocation, (iii) obtain Advisory <br /> Board recommendations for qualified projects in which the City NMTC Allocation may <br /> be used, and (iv) close on the use of the City NMTC Allocation by the Company and the <br /> Subsidiaries in such qualifying projects; and <br /> WHEREAS, the Council finds that the City is acting in compliance with the City Charter <br /> and RCW Chapter 35.22. <br /> NOW, THEREFORE, it is hereby Resolved by the City Council of the City of <br /> Everett as follows: <br /> Section 1. The recitals above are hereby incorporated into this Resolution by this <br /> reference. <br /> Section 2. The Mayor is authorized to take all actions necessary to apply to the U.S. <br /> Treasury for permission to use the credits elsewhere in Washington State, including: <br /> (a) execute, deliver and file (or cause to be executed, delivered and filed) for each of <br /> the Subsidiaries a certificate of formation, an operating agreement and all forms, <br /> certificates, applications and other documents that are necessary to form the <br /> Subsidiaries; <br /> (b) approve, execute and deliver an application to the CDFI to certify each of the <br /> Subsidiaries as a Community Development Entity, to amend the Advisory Board to <br /> include representatives of Spokane County and King County and to provide any <br /> collateral documentation that is deemed reasonable in order to certify each of the <br /> Subsidiaries as a Community Development Entity; <br /> (c) take such actions and approve, execute and deliver such documents as is necessary <br /> to (i) expand the Company's service areas to include Spokane County and King <br /> County, and (ii) designate, pursue and close on the use of the City NMTC <br /> Allocation by the Company and the Subsidiaries prior to the Expiration date for <br /> projects recommended by the Advisory Board; and <br /> (d) take any other action that is deemed necessary and advisable to give effect to this <br /> Resolution and the transactions contemplated herein. <br /> Section 3. The Council appoints Rick Friedhoff of Seattle, Washington and Tim Henkel <br /> of Spokane, Washington to the City's New Markets Tax Credit Advisory Board. <br /> Section 4. Any actions of the City, or the Mayor, taken prior to the date hereof and <br /> consistent with the intent of this Resolution are hereby ratified and confirmed. <br />