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<br />Account shall be irrevocable appropriated to the <br />paYment of the principal of and interest on the Bonds <br />herein authorized until the proceeds of the Bonds are <br />applied to payment of the Prior Bonds. The moneys in <br />the Escrow Account shall be used solely for the <br />purposes herein set forth and for no other purpose, <br />except that any surplus in the Escrow Account may be <br />remitted to the City, all in accordance with an <br />agreement (the "Escrow Agreement") by and between the <br />City and Escrow Agent, a form of which agreement is on <br />file in the office of the Manager. Any moneys remitted <br />to the City upon termination of the Escrow Agreement <br />shall be deposited in the Debt Service Account. <br /> <br />(ii) Debt Service Account. To the Debt Service <br />Account there is hereby pledged and irrevocable appro- <br />priated and there shall be credited: (1) by transfer <br />from the separate tax increment accounts heretofore <br />established for each of the Tax Increment Districts and <br />subject to the provisions of paragraph 19 hereof, Tax <br />Increments derived from the Tax Increment Districts in <br />an amount which, together with other revenues herein <br />pledged to the paYment thereof, are sufficient to pay <br />the principal and interest to become due on the Bonds <br />heretofore and herein authorized; (2) any tax increment <br />guarantee paYments received in connection with the <br />Prior Tax Increment Bonds pursuant to any development <br />agreements entered into between the City and any <br />private developers; provided that such guarantee <br />paYments shall not be used to pay more than five <br />percent (5%) of the principal and interest on the Bonds <br />in any calendar year without an opinion of Bond Counsel <br />being obtained that states the paYment of guarantee <br />paYments in excess of five percent (5%) does not impair <br />the tax exempt status of the Bonds; (3) any balance <br />remitted to the City upon the termination of the Escrow <br />Agreement; (4) any balance remaining on February 2, <br />1994, in the Debt Service Account of the: (i) General <br />Obligation State-Aid Highway Bonds Fund: and (ii) <br />General Obligation Tax Increment Bonds (Development <br />District NO.1) Fund created by the Prior Resolutions; <br />(5) all investment earnings on funds in the Debt <br />Service Account; and (6) any and all other moneys which <br />are properly available and are appropriated by the <br />governing body of the City to the Debt Service Account. <br />The amount of any surplus remaining in the Debt Service <br />Account when the Bonds and interest thereon are paid <br />shall be used consistent with Minnesota Statutes, <br />Section 475.61, Subdivision 4. <br /> <br />2695 7 <br /> <br />37 <br />