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83-064
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83-064
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5/8/2007 1:17:39 PM
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11/14/2006 9:39:52 AM
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<br />. . <br /> <br />whether or not the City agrees to finance the project or <br />whether or not the project Is constructed. <br /> <br />. <br /> <br />e) Equity: The City may require the applicant to <br />establish and maIntaIn a sIgnificant equity In the <br />structure and to maIntain a reserve balance or deposit <br />of securIties with or for the benefit of the City, or <br />lease Insurance to protect against a lease payment <br />default. or satisfactory evidence of mortgage Insur- <br />ance, or a wrItten confirmation by a netlonally known <br />credit rating service that the bonds or other Invest- <br />ment instruments carry a ratIng satisfactory to the City. <br /> <br />f) Guarantee: The applicant may be required to <br />guarantee payment of the principal and Interest and <br />premium. If any, of the bonds Issued, and the City may <br />require an addItional guaranty by any related entity <br />to the applicant and the tenants. <br /> <br />g) Completion: The applicant shall be required <br />to complete the project as described from Its own funds <br />should the bond or note proceeds prove to be Inadequate <br />for such purpose. The applicant Shall require payment <br />and performance bonds of the building, electrical, <br />mechanical and other contractors for the full llmount <br />of their contracts. <br /> <br />h) Hold Harmless: The applicant, the purchaser <br />of notes, and. If underwriters are Involved In the <br />Issuance and sale of bonds, shal I hold harmless the <br />City, its officers, employees. consultants and agents <br />for any alleged or actual violation of any securities <br />laws, state or federal. in connection with the Issuance <br />of bonds or notes for the project. The City may <br />require a bond or appropriate Insurance to assure this <br />"hold harmless" provlslo~. <br /> <br />I) Administrative Fee: In consideration of the <br />City's making such tax exempt financing available and <br />to assist the City further In defraying Its present and <br />future administrative expenses, the applicant shall, <br />subject to applicable federal arbitrage regulations, <br />pay to the City the sum of $10.000 or I~ of the amount <br />financed, whichever Is greater, which shall be used <br />by the City for any other expenses In connection with <br />the project, or for any other City purpose. To the <br />extent permitted by law, the City wi II allow the <br />applicant to use this cost as a project cost for <br />financing purposes. <br /> <br />. <br /> <br />j) Denial: The City reserves the right to deny <br />an application for any reason and to revoke approval <br />of an application at any time before actual Issuance <br />of bonds or notes without any liability to the City. <br />Its Council members, offIcers or agents to the applicant, <br />the underwriter, attorneys or other counsel associated <br />wIth the project. <br />
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