Subject: 21324/AmendPromNts/CNE Date: Fri, 5 Apr 1991 11:30:00 -0500 RESOLUTION NO. 21324 A RESOLUTION TO AUTHORIZE THE MAYOR OF THE CITY OF CHATTANOOGA, TENNESSEE, TO EXECUTE CERTAIN AMENDED AND RESTATED PROMISSORY NOTES PAYABLE TO THE CITY OF CHATTANOOGA BY CHATTANOOGA NEIGHBORHOOD ENTERPRISE, INC., FOR THE PURPOSE OF RESTRUCTURING THE PAYMENT TERMS OF SAID PROMISSORY NOTES TO PROVIDE FOR THEIR PAYMENT FROM THE NET CASH FLOW OF THE LOW INCOME HOUSING TAX CREDIT PROJECT AS REFERENCED IN THE AMENDED AND RESTATED PROMISSORY NOTES. WHEREAS, Chattanooga Neighborhood Enterprise, Inc. ("CNE") and The City of Chattanooga, Tennessee (the "City") in 1992 elected to structure certain funding arrangements between City and CNE as debt rather than the usual grant funding from City to CNE, in anticipation of the use of such funding for improvements to properties to be involved in a Low Income Housing Tax Credit syndication project (the "Project"), allowing such debt to be included in basis thereby increasing the available tax credits for use in the Project; and WHEREAS, CNE, pursuant to such structure, executed three Promissory Notes payable to City as follows: April 7, 1992 $ 53,500 May 7, 1992 $170,000 September 4, 1992 $133,028 and WHEREAS, it is beneficial to the financial structuring of the Low Income Housing Tax Credit Project and to City in 0C attracting private investment in the Project for its low income citizens, to amend and restate the payment terms of each and all of said Promissory Notes to provide for payment only from the net cash flow of the Project as defined in the Amended and Restated Promissory Notes (copies of which are attached hereto and incorporated herein by reference); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That the Mayor be and is hereby authorized to execute for and on behalf of City as Mayor, the Amended and Restated Promissory Notes (attached hereto and incorporated herein by reference) from CNE as Maker in favor of City as Payee, and to execute such additional instruments and/or certificates as may be necessary or appropriate to carry out the purpose of this Resolution. ADOPTED: March 25, 1997 RLN/WSP:cjc