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06-08-15-R
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06-08-15-R
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<br /> 3 <br />pledge of the leases and rents to be derived from the Project, and from a security interest in the fixtures <br />and equipment financed as a part of the Project. If agreed to by the owners of the Bonds and the <br />Company, the loan repayments may also be secured by one or more guaranty agreements of the Company <br />or related parties. In the event the revenues and other security pledged to the payment of the loan <br />repayments are not sufficient to pay the principal of, premium, if any, and interest on the Bonds when <br />due, the owners of the Bonds will bear the loss. <br /> <br /> The Bonds will not constitute general or moral obligations of the City and will not be secured by <br />the taxing powers of the City or any property of the City except the interests of the City in the Loan <br />Agreement. The Bonds will be special, limited obligations of the City. <br /> <br /> Section C. Local Contributions to the Housing Program. The issuance of tax-exempt obligations <br />for the Project is expected to allow the City to finance the Project at a lower interest cost than is <br />otherwise available. The City believes the reduced financing cost will enhance the feasibility of the <br />Project and result in lower rental rates for use of the Project than might otherwise be charged. <br /> <br /> Section D. Standards and Requirements Relating to the Financing of the Project Pursuant to the <br />Housing Program. The following standards and requirements shall apply with respect to the operation of <br />the Project: <br /> <br />(1) Substantially all of the proceeds of the Bonds will be applied to the financing of <br />the Project, the funding of reserves, the payment of a portion of the interest on the Bonds, and the <br />payment of costs of issuance of the Bonds. The resolutions authorizing the issuance of the <br />Bonds and the Loan Agreement pursuant to which the proceeds of the Bonds are to be loaned to <br />the Company will include certain covenants to be made by the City and the Company regarding <br />the use of proceeds, and by the Company regarding the character and use of the Project. <br /> <br />(2) The Company will covenant that it will not arbitrarily reject an application from <br />a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or <br />status with regard to public assistance or disability. <br /> <br />(3) The dwelling units of the Project will be occupied by, or held for occupancy by, <br />elderly persons. <br /> <br />(4) The Project is intended to be a “multifamily housing development” as defined in <br />Section 462C.02 of the Act. <br /> <br /> Section E. Severability. The provisions of this Housing Program are severable, and if any of its <br />provisions, sentences, clauses, or paragraphs shall be held unconstitutional, contrary to statute, exceeding <br />the authority of the City, or otherwise illegal or inoperative by any court of competent jurisdiction, the <br />decision of such court shall not affect or impair any of the remaining provisions. <br /> <br /> Section F. Amendment. The City shall not amend this Housing Program while the Bonds are <br />outstanding, to the detriment of the holders of such obligations. The City may amend this Housing <br />Program, to the extent authorized by law and the contractual obligations of the City, to the extent the City <br />deems such amendment to be in the best interests of the City, the Project, and the owners of the Bonds. <br /> <br /> Section G. State Ceiling. The Bonds shall be issued as “qualified 501(c)(3) bonds” pursuant to <br />Section 145 of the Internal Revenue Code of 1986, as amended, the interest on which is not includable in <br />gross income for federal income tax purposes and which is not includable in taxable net income for
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