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14. Delivery; Application of Proceeds. The Bonds when so prepared and executed <br />shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, <br />and the Purchaser shall not be obliged to see to the proper application thereof. <br />15. Fund and Accounts. There is hereby created a special fund to be designated the <br />"Taxable General Obligation Housing Improvement Bonds, Series 2009A Fund" (the "Fund") to <br />be administered and maintained by the Finance Director as a bookkeeping account separate and <br />apart from all other funds maintained in the official financial records of the City. The Fund shall <br />be maintained in the manner herein specified until all of the Bonds and the interest thereon have <br />been fully paid. There shall be maintained in the Fund the following separate accounts: <br />(a) Project Fund. The Project Fund, into which fund will be deposited proceeds of <br />the Bonds in the amount of $1,139,985.00. Upon issuance of the Bonds, the City shall also <br />deposit into the Project Fund prepaid Housing Fees in the amount of $500,000, which Housing <br />Fees were levied on property within the Housing Improvement Area and were prepaid pursuant <br />to the resolution levying the Housing Fees. Of the total amount deposited in the Project Fund, <br />$44,648.75 will be disbursed to the City to pay the administrative costs of the Housing <br />Improvement Area. The balance of funds in the Project Fund shall be disbursed to pay the costs <br />of the Housing Improvements in accordance with the terms of the Development Agreement, <br />between the City and Westwood Village Association (the "Association"), dated as of June 8, <br />2009 (the "Development Agreement"), and the Disbursing Agreement between the City, the <br />Association and Commercial Partners Title, LLC, dated as of June 23, 2009. Interest earnings <br />from moneys in the Project Fund shall be credited to the Project Fund. <br />(b) Administration Fund. The Administration Fund, into which fund will be <br />deposited proceeds of the Bonds in the amount of $44,648.75, which amount will be used solely <br />for the purpose of paying costs of issuance of the Bonds. Any balance remaining in the <br />Administration Fund after all disbursements for administrative and issuance expenses shall be <br />transferred to the Project Fund. Interest earnings from moneys in the Administration Fund shall <br />be credited to the Surplus Fund hereafter created. <br />(c) Debt Service Fund. The Debt Service Fund, into which fund will be deposited <br />from Bond proceeds $11,491.51, which represents capitalized interest through March 1, 2010, <br />together with Housing Fees and any deficiency payments received by the City pursuant to <br />Section 6.6 of the Development Agreement in the amount necessary to pay when due the <br />principal and interest on the Bonds. Interest earnings from moneys in the Debt Service Fund <br />shall be credited to the Debt Service Fund. <br />(d) Contingency Fund. The Contingency Fund, into which fund will be deposited <br />proceeds of the Bonds in the amount of $0. Amounts in the Contingency Fund shall be applied <br />and disbursed in accordance with the Development Agreement. <br />(e) Surplus Fund. The Surplus Fund, into which fund will be deposited all Housing <br />Fees in excess of the amounts required to be deposited into the Debt Service Fund and the <br />Project Fund under this Section. Amounts in the Surplus Fund shall be applied and disbursed in <br />accordance with the Development Agreement. Interest earnings from moneys in the Surplus <br />Fund shall be credited to the Surplus Fund. <br />16 <br />2377798v1 <br />