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Ordinance 2002-162
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Ordinance 2002-162
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Last modified
8/19/2013 4:13:28 PM
Creation date
1/25/2006 4:41:03 PM
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CityClerk-Ordinances
Ordinance Number
2002-162
Date (mm/dd/yyyy)
10/10/2002
Description
Negotiate $18.5 Million Loan from Fla. Municipal Loan Counci
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<br />ARTICLE V <br /> <br />LOAN REPAYMENTS <br /> <br />SECTION 5.01. Payment of Basic Payments. Borrower shall pay to the order of the <br />Council all Loan Repayments in lawful money ofthe United States of America to the Trustee. No <br />such Loan Repayment shall be in an amount such that interest on the Loan is in excess of the <br />maximum rate allowed by the laws of the State of Florida or ofthe United States of America. The <br />Loan shall be repaid in Basic Payments, consisting of: <br /> <br />(a) principal in the amounts and on the dates set forth in Exhibit D; plus <br /> <br />(b) interest calculated at the rates, in the amounts and on the dates set forth in Exhibit D; <br /> <br />On the fifteenth (15th) day ofthe month immediately preceding each Interest Payment Date, <br />the Trustee shall give Borrower notice in writing ofthe total amount ofthe next Basic Payment due. <br />The Basic Payments shall be due on each 20th and 20th, or if such day is <br />not a Business Day, the next preceding Business Day (a "Loan Repayment Date"), commencing <br />,2003, and extending through 20,20_, unless the due date of the Basic <br />Payments is accelerated pursuant to the terms of Section 8.03 hereof. <br /> <br />SECTION 5.02. Payment of Surety Bond Costs. The Borrower recognizes that the Surety <br />Bond Provider has provided to the Council the Surety Bond for deposit to the Reserve Fund in lieu <br />of a cash payment or deposit by the Borrower. Therefore the Borrower hereby agrees to make <br />deposits as set forth in subsection (c) of Section 5.03 hereof. Such Surety Bond maybe replaced by <br />an Alternate Surety Bond issued with respect to funding the reserve fund of subsequent bonds issued <br />by the Council whose reserve fund shall be on a parity with the Bonds, all in accordance with Section <br />4.08 of the Indenture. <br /> <br />SECTION 5.03. Payment of Additional Payments. In addition to Basic Payments, <br />Borrower agrees to pay on demand ofthe Councilor the Trustee, the following Additional Payments: <br /> <br />(a) (i) Borrower's Proportionate Share of: the annual fees or expenses ofthe Council, if <br />any, including the fees of any provider of arbitrage rebate calculations; the Bond Insurance Premium <br />of the Bond Insurer (to the extent not previously paid from the Cost oflssuance Fund); the fees of the <br />Program Administrator and the fees ofthe rating agencies (to the extent not previously paid from the <br />Cost of Issuance Fund); and (ii) Borrower=s equal share of the annual fees of the Trustee; annual <br />fees ofthe Registrar and Paying Agent; and the Surety Bond premium ofthe Surety Bond Provider <br />and any related fees in connection with the Surety Bond (to the extent not previously paid from the <br />Cost of Issuance Fund). <br /> <br />(b) All reasonable fees and expenses of the Councilor Trustee relating to this Loan <br />Agreement, including, but not limited to: <br /> <br />20 <br />
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