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<br />. <br /> <br />. <br /> <br />. <br /> <br />therefrom, and will pay all lawful claims for labor, materials <br />and supplies which if unpaid might become a lien or charge upon <br />any of the properties, revenues or income or which might impair <br />the security of the Bonds or the use of Pledged Tax Revenues or <br />other legally available funds to pay the principal of and <br />interest on the Bonds, all to the end that the priority and <br />security of the Bonds shall be preserved; provided, however, <br />that nothing in this covenant shall require the Agency to make <br />any such payment so long as the Agency in good faith shall <br />contest the validity of the payment. <br /> <br />Covenant 6. Books and Accounts; Financial <br />Statements. The Agency covenants and agrees that it will at <br />all times keep, or cause to be kept, proper and current books <br />and accounts (separate from all other records and accounts) in <br />which complete and accurate entries shall be made of all <br />transactions relating to the Redevelopment Project and the Tax <br />Revenues and other funds relating to the Project. The Agency <br />will prepare within one hundred and eighty (l80) days after the <br />close of each of its fiscal years a complete financial <br />statement or statements for the year, in reasonable detail <br />covering the Redevelopment Project Pledged Tax Revenues and <br />other funds, accompanied by an opinion of an Independent <br />Certified Public Accountant appointed by the Agency, and will <br />furnish a copy of the statement or statements to the Fiscal <br />Agent, and any rating agency which maintains a rating on the <br />Bonds, and, upon written request, to any Bondholder. <br /> <br />Covenant 7. Eminent Domain Proceeds. The Agency <br />covenants and agrees that if all or any part of the <br />Redevelopment Project Area should be taken from it without its <br />consent, by eminent domain proceedings or other proceedings <br />authorized by law, for any public or other use under which the <br />property will be tax exempt, it shall take all steps necessary <br />to adjust accordingly the base roll of the Project Area. <br /> <br />Covenant 8. Disposition of Property. The Agency <br />covenants and agrees that it will not dispose of more than ten <br />percent (10%) of the land area in the Redevelopment Project <br />Area (except property shown in the Redevelopment Plan in effect <br />on the date this Resolution is adopted as planned for public <br />use, or property to be used for public streets, public <br />off street parking, sewage facilities, parks, easements or <br />right-of-way for public utilities, or other similar uses) to <br />public bodies or other persons or entities whose property is <br />tax exempt, unless such disposition will not result in the <br />security of the Bonds or the rights of Bondholders being <br />substantially impaired, as shown by an Opinion of Counsel <br />addressed to the Agency, the Fiscal Agent and the Bond Insurer, <br />based upon the certificate or opinion of an Independent <br />Financial Consultant appointed by the Agency. <br /> <br />11-30-84 <br />1282p/228l/04 <br /> <br />-22- <br />