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8A, Presbyterian Homes TIF
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8A, Presbyterian Homes TIF
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12-20-10 Special City Counicl Meeting
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(g) Mutilated Lost 5tolen or Destro ed Note. In case any Note shall become mutilated or <br />be lost, stoten, or destroyed, the Registrar shall detiver a new Note of Iike amount, maturity dates and <br />tenor in exchange and substitutian %r and upon cancellation of such mntilated Note or in lieu of and in <br />substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and <br />charges af the Registrar in connection therewith; and, in the case the Note is lost, stolen, or destroyed, <br />upon filing wath the Regisirar of evidence satisfactory ia it that such Note was lost, stoIen, or destroyed, <br />and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity iri <br />form, substance, and amount satisfactory to it, in which both the Ciiy and the Registrar shall be named as <br />obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such <br />cance�lation shall be given to the City. If the mutilated, lost, stolen, or destroyed Note has already <br />matured or been called for redemption in accordance with its terms, it shail not be necessary to issue a <br />new Note prior to payment. <br />3.04. Pre�aration and De�ivery. The Nate shaIl be prepared under the dir�ction of the County <br />Audi#or and shall be executed on behalf of the City by the signatures of its Mayor and City Administrator. <br />In case any ofircer whose signature shail appear on the Note shal� cease ta be such officer before the <br />delivery of the Note, such signature shall nevertheless be valid and sufficient for atl purposes, the same as <br />if such officer had remained in office until deIivery. When the Note has been so executed, it shall be <br />delivered by the City Administrator to the Owner thereof upon closing on acquzsition of the Developrnent <br />Property in accordance with the Agreement. <br />Sectron 4. Securi Provisions. <br />4�.01. Pled�e. {a} The Ciiy hereby pledges to the payment of the principaI of and inierest on <br />the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be applied to <br />payrr�eiit of the principal of and interest on the Note in accordance with the terms of the Note. <br />4.02. Bond Fund. UntiI the date the Note is no longer outstanding and no principal ther�oi or <br />interast thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the City <br />shail maintair� a separate and special "Bond Fund" to be used for no purpose other than the payment of <br />the principai of and interest on the Note. The City irrevocably agrees to appropriate to ihe Bond Fund <br />upan or before each payment date all Avaiiable Tax Increment. Any Available Tax Increment remaining <br />in the Band Fund shall be transferred to the City's account for TIF District Na. 4 upon the payment of a�l <br />principal and interest to be paid with respect to the Note. <br />4.03. Adc�itional ObIigations, While the Note is outstanding, the City shall not pledge or permit <br />the pledge of all or any portion of the Available TaY Increment to the payment oi principal of or interest <br />on any obligations of the Ci�ty unless and to the extent such pledge is subordinate to the pledge ta the <br />Note, <br />Section 5. Cartification of Proceedin s. <br />5.01. Certification of Proceedin s. The of�cers of the City are hereby authorized and directed to <br />prepare aiid furnish to the Owner of the Note certi��d copies of ail proceedings and records of the City, <br />and such other affidavits, certificates, and information as may be required to show the facts relating to t�e <br />legality and marketability of the Note as the same appear from the books and records under their custody <br />and control or as otherwise known io thern, and all such certi�ed copies, certificates, and affidavits, <br />incIuding any heretofore furnished, sl�all be deemed representations of the City as to the facts recited <br />therein. <br />37427bvI AR204-10 6 <br />
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