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Ordinance 2587-02
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Ordinance 2587-02
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4/11/2014 3:48:51 PM
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Ordinances
Ordinance Number
2587-02
Date
2/13/2002
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amount, if any, reasonably anticipated to be required to be advanced by the City to the Bank <br /> under the terms of this Agreement. The obligations of the City under this Section 4.1.2.1 shall <br /> terminate upon payment in full of the principal of and interest on all Project Notes, and the <br /> payment in full of the principal of and interest on all Project Notes Reimbursement Obligations, <br /> but shall only so terminate if the Letter of Credit has expired or has been surrendered to the Bank <br /> for cancellation. The City shall provide to the Bank copies of the City's Comprehensive Annual <br /> Financial Report within eight months after the end of each fiscal year of the City; the City's <br /> annual budget within 60 days after the commencement of each fiscal year of the City; each <br /> official statement, placement memorandum or offering circular issued by the City in connection <br /> with the issuance of general obligation securities of the City; and other financial reports or <br /> financial documentation prepared by the City in the ordinary course of its activities reasonably <br /> requested by the Bank in connection with the City's obligations under Section 4.1.2 of this <br /> Agreement. <br /> 4.1.2.2 Any loan made by the City to the District hereunder shall <br /> be repaid by the District in approximately equal annual payments of principal and interest <br /> commencing on January 20 following the calendar year in which the loan was made in amounts <br /> calculated to fully amortize the loan over the remaining term of this Agreement. Repayment of <br /> such loan shall be subordinate to payment of the District's obligations to pay the Project Notes <br /> Reimbursement Obligations. Each loan shall bear interest at a rate per annum equal to the <br /> greater of(i) if the City uses funds on hand to make such loan, the rate of return on City funds <br /> invested in the Local Government Investment Pool of the state, plus 2 percentage points, or(ii) if <br /> the City borrows funds used to make such loan, the true interest cost of such loan expressed as a <br /> percentage rate, plus 2 percentage points. In no event shall the interest rate on any loan exceed <br /> 12% per annum, and the City in its discretion may charge interest at a rate lower than the rate <br /> otherwise provided herein. The District shall have the right to prepay any loan in whole or in <br /> part at any time without notice, premium or penalty, and, following any such prepayment, the <br /> annual payments required to be made by the District shall be adjusted to amortize the remaining <br /> balance of the loan over the remaining term of this Agreement. <br /> 4.1.2.3 The District shall have the right to assign to the Bank for <br /> the benefit of the Bank the District's rights to borrow money from the City under this Section <br /> 4.1.2 of this Agreement. The Bank shall be a third-party beneficiary of this Section 4.1.2 of this <br /> Agreement, and may directly enforce the provisions hereof, but only, if the Letter of Credit is in <br /> effect with respect to the Project Notes, the Bank has not failed to honor a conforming draw <br /> thereunder. Section 4.1.2 of this Agreement may not be amended without the prior written <br /> consent of the Bank unless all principal of and interest on all Project Notes Reimbursement <br /> Obligations have been paid in full and the Letter of Credit has expired or has been surrendered to <br /> the Bank for cancellation. <br /> 4.2 Permanent Financing. <br /> -6- <br /> INTERLOCAL FINANCING AGREEMENT <br /> 200203010680 <br />
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