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05-11-2015 Council Packet
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05-11-2015 Council Packet
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10/8/2015 12:50:55 PM
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City Council
Council Document Type
Council Packet
Meeting Date
05/11/2015
Council Meeting Type
Regular
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(vi) Costs of Issuance of the Bonds; <br />(vii) The payment of interest on the Bonds during construction of the Facilities; and <br />(viii) Any other obligation or expense heretofore or hereafter incurred by the City in <br />connection with the Facilities defined as and constituting a proper cost of the Facilities and approved <br />by an Authorized Officer of the City. <br />(c) Before any of the payments referred to in this Section may be made from the Project Fund, <br />an Authorized Officer of the City shall certify to the Authority with respect to each such payment: (i) that <br />none of the items for which the payment is proposed to be made has formed the basis for any payment <br />theretofore made from the Project Fund; and (ii) that each item for which payment is proposed to be made is <br />or was necessary in connection with acquisition, construction, and equipping of the Facilities. In the case of <br />any construction contract providing for the retention of a portion of the contract price, there shall be paid only <br />the net amount remaining after deduction of any such portion. Notwithstanding anything to the contrary <br />herein, proceeds of the Bonds may be applied directly to pay Costs of Issuance. <br />(d) Money in the Project Fund shall be subject to withdrawal from time to time only for the <br />purposes of paying Project Costs or for the reimbursement to the City, subject to any applicable provision of <br />law, for payments theretofore made by the City for Project Costs. The Authority agrees that none of the <br />funds in the Project Fund shall be used for any purposes other than payment or reimbursement of Project <br />Costs and the payment of principal of, premium (if any) on and interest on the Bonds. <br />(e) If the proceeds of the Bonds, together with any other moneys available to pay the costs of <br />acquisition, construction, and equipping of the Facilities, shall not be sufficient to pay such costs in full, then <br />the City shall pay all that portion of the costs in excess of the moneys available therefor. If the City shall <br />make any payments pursuant to this paragraph (e), it shall not be entitled to any reimbursement therefor from <br />the Authority or the Owners of the Bonds, nor shall it be entitled to any diminution in or postponement of the <br />payment of the Lease Payments, the Additional Lease Payments or the payment of any other amounts <br />payable under this Lease. <br />(f) The Completion Date shall be the date on which the Facilities are completed in their entirety <br />and are ready to be placed in service and all other property which constitutes the Facilities has been acquired <br />and installed, all as determined by the City. Promptly after the Completion Date, the City shall submit to the <br />Authority a certificate signed by an officer of the City, substantially in the form of EXHIBIT C hereto, which <br />shall specify the Completion Date and shall state that construction of the Facilities has been completed and <br />the costs thereof have been paid, except for any portion thereof which has been incurred but is not then due <br />and payable, or the liability for the payment of which is being contested or disputed by the City. <br />Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights <br />against third parties which exist at the date thereof or which may subsequently come into being. The <br />certificate as to the Completion Date shall include a list of the equipment fmanced with proceeds of the <br />Bonds and included as part of the Facilities. <br />(g) Upon the Completion Date, the Authority shall transfer any remaining balance in the Project <br />Fund to the Debt Service Fund for the Bonds in accordance with the Bond Resolution. <br />460515v2 JAE LN140-112 <br />9 <br />
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