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82-173
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Last modified
1/3/2012 12:33:29 PM
Creation date
6/26/2003 10:46:53 AM
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City Clerk
Doc Type
Resolution
Doc #
82-173
Date
12/20/1982
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Se..._~ction 4;0_~ . Assi.onment to Bank . The City hereby transfers, assigrs <br />and sets over to the Bank, as holder of the Note, all of the Revenues and amy <br />and all rights, privileges and obligations it has under the Agreement and the <br />Promissory Note including, without limitation, the right to collect and <br />receive directly all of the Revenues, and any Revenues collected or received <br />by the City shall be deemed to be held, and to have been collected or <br />received, by the City as the agent of the Bank, and shall forthwith be paid bv <br />the City to the Bank. <br /> <br /> ARTICLE V <br /> <br />COVENANTS OF THE CITY <br /> <br /> Section 5.01 . Punctual Payment . The City will punctuellv pay or <br />cause ~'~-~'~--~T~-~but only out of Revenues as herein provided) the Drinci9al <br />of and interest to become due on the Note, in strict conformity with the terms <br />of the Note and of this Resolution, and it will faithfully observe and Der~orra <br />all of the conditions, covenants and requirements of this Resolution and all <br />Suppl~ental Resolutions and of the Note. Nothino herein contained shall <br />prevent the City from making advances of its own moneys howsoever derived to <br />any of the uses or purposes referred to herein. <br /> <br /> Section 5,0~ . Against En~mbrances . The City will not encumber, <br />pledge~ any charge or lien upon any of the Revenues superior to or on <br />a parity with the pledge and lien herein created for the benefit of the Note, <br />except as permitted by this Resolution. <br /> <br /> Section 5.03 . Preservation of Revenues : Amendment of Acrreement , <br />Promissory Note . Th~ c'~'~se to be coll~ompt-Ty all ~nounts <br />due 'from the~rticipating Party under the Agreelneut and the Promissory Note <br />as the s~e become due, and shall promptly and vigorously enforce all of its <br />rights under the Agreement and the Promissory Note. Without the written <br />consent of the Bank the City shall not amend, modify or terminate, or aoree or <br />consent to ~mend, modify or terminate, the A~reement or the Promissory Note; <br />but, with the written consent of the Bank, the City may consent to amendments <br />or modifications thereof. The Bank may give such written consent, and may <br />itself take any such action or consent to an amendment or modification, onlv <br />(i) if, in the opinion of the Bank such action or such amendments or <br />modifications will not adversely affect the interests of the Bank or result in <br />any impairment of the security hereby given for the payment of the Note, and <br />(ii) such amendments or modifications will not have the effect of extendino <br />the time for payment or reducing the amount due and payable by the <br />Participating Party pursuant to the Aqre~ent and the Promissory Note. <br /> <br /> Section 5.04. Accountina Records and Reports. The Bank shall keep <br />proper books of record~nd ~ccou'~t in which complete and correct entries shall <br />be made of all transactions relating to the receipt and aonlication of the <br />Revenues. The Bank, on or before July 1 of each year, beqinnino July 1, lm83, <br />shall furnish to the City a complete financial statement covering receipts and <br />application of Revenues for the twelve months ending on the Precedino Jun: 1. <br /> <br /> Section 5.05 . Compliance with Resolution . The City shall not suffer <br />or pefmit any default to 66cUr under this Resolution, but shall faithfullv <br />observe and perform all the covenants, conditions and recpirements hereof. <br /> <br /> Section 5.06 . Further Assurances . The City will adopt, make, execute <br />and deliver any and all such further resolutions, instruments and assurances <br />as may be reasonably necessary or proper to carry out the intention nr to <br />facilitate the performance of this Resolution, and for the better assuring and <br />confirming unto the Bank of the rights and benefits provided in this <br />Resolution. <br /> <br /> <br />
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