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Ordinance 2012-384
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Ordinance 2012-384
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Last modified
4/24/2012 3:13:25 PM
Creation date
4/24/2012 3:12:08 PM
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CityClerk-Ordinances
Ordinance Number
2012-384
Date (mm/dd/yyyy)
04/19/2012
Description
$10 Million Capital Improvement Revenue Refunding Bonds/Loan Agmt.
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<br />such default will be cured. The City shall demonstrate in each annual budget that there are <br />sufficient proceeds of the Stormwater Utility Fee to pay the principal of and interest on the Bond <br />and any Parity Obligations coming due in the fiscal year covered by such annual budget. The <br />City shall provide the holder of the Bond with a copy of its approved annual budget within 30 <br />days after the final adoption thereof and with such other financial information regarding the City <br />as the holder of the Bond may reasonably request. <br /> <br />ARTICLE VIII <br /> <br />EVENTS OF DEFAULT <br /> <br />Section 8.1. General. An "Event of Default" shall be deemed to have occurred under <br />this Agreement if: <br /> <br />(a) The City shall fail to make any payment of the principal of or interest on <br />the Bond after the same shall become due and payable, whether by maturity, by acceleration at <br />the discretion of the Bank as provided for in Section 8.2, or otherwise; or <br /> <br />(b) The City shall default in the performance of or compliance with any term <br />or covenant contained in the Loan Documents, other than a term or covenant a default in the <br />performance of which or noncompliance with which is dealt with in Section 8.I(a) or (c) through <br />(h) hereof, which default or non-compliance shall continue and not be cured within thirty (30) <br />days after (i) notice thereof to the City by the Bank; or (ii) the Bank is notified of such <br />noncompliance or should have been so notified pursuant to the provisions of Section 3 .1 (b) of <br />this Agreement, whichever is earlier; or <br /> <br />(c) Any representation or warranty made in writing by or on behalf of the City <br />in any Loan Document shall prove to have been false or incorrect in any material respect on the <br />date made or reaffirmed; or <br /> <br />(d) The City admits in writing its inability to pay its debts generally as they <br />become due or files a petition in bankruptcy or makes an assignment for the benefit of its <br />creditors or consents to the appointment of a receiver or trustee for itself; or <br /> <br />(e) The City is adjudged insolvent by a com1 of competent jurisdiction, or it is <br />adjudged a bankrupt on a petition in bankruptcy filed by or against the City, or an order, <br />judgment or decree is entered by any court of competent jurisdiction appointing, without the <br />consent of the City, a receiver or trustee of the City or of the whole or any part of its property, <br />and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside <br />or stayed within ninety (90) days from the date of entry thereof; or <br /> <br />(I) The City shall file a petition or answer seeking reorganization or any <br />arrangement under the federal bankruptcy laws or any other applicable law or statute of the <br />United States of America or the State of Florida; or <br /> <br />(g) The City shall default in the due and punctual payment or performance of <br />covenants under any obligation for the payment of money to the Bank or any other subsidiary or <br />affiliate of the Bank; or <br /> <br />MfA 182,397,885vI3-5-12 <br /> <br />13 <br />
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