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Agenda - 10-15-1996 - 7a
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Agenda - 10-15-1996 - 7a
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11/7/2013 12:57:21 PM
Creation date
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BOCC
Date
10/15/1996
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7a
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Minutes - 19961015
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\Board of County Commissioners\Minutes - Approved\1990's\1996
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15 <br /> 4 . GENERAL PROVISJONS . <br /> (a) Since it is anticipated that the Acquisition of <br /> the Project will ,commence prior to the sale of the bonds and <br /> the Company knows and acknowledges that the Authority will <br /> have no funds available to meet the costs 'of the Project <br /> other than those derived from the sale of the bonds, the <br /> Company agrees that it will advance from time to time all <br /> funds necessary for the Acquisition of the Project, and such <br /> funds when so advanced shall be deemed funds advanced on <br /> behalf of the Authority; provided, however, that the <br /> Authority shall not by virtue of such advances or otherwise <br /> through this Memorandum of Agreement acquire any property <br /> interest in the Project whatsoever. To the extent that the <br /> net proceeds derived from the sale of the bonds are <br /> sufficient for such purpose, the Authority agrees to repay <br /> from such net proceeds to the Company all funds so advanced <br /> promptly after the sale of the bonds . <br /> (b) The Authority and the Company agree that the <br /> Company shall provide all services incident to the Acquisi- <br /> tion of the Project, including, without limitation, <br /> acquisition of land, the preparation of plans, <br /> specifications and contract documents, the award of <br /> contracts, the inspection and supervision of work performed, <br /> the employment of engineers, architects, builders and other <br /> contractors, and the provision of money to pay the cost <br /> thereof pending reimbursement by the Authority from such <br /> bond proceeds, and the Authority shall have no <br /> responsibility for the provision of any such services . <br /> (c) All commitments of the Authority and of the <br /> Company pursuant to this Memorandum of Agreement are subject <br /> to the condition that .on or before 365 days from the date of <br /> approval of the Project by the Department of Economic and <br /> Community Development pursuant to the Act (or such later <br /> date as shall be mutually satisfactory to the Authority and <br /> the Company) , the Authority and the Company shall have <br /> agreed to mutually acceptable terms for the bonds and the <br /> sale and delivery thereof and mutually acceptable terms and <br /> conditions for the agreements referred to in Section 3(c) <br /> and the proceedings referred to in Sections 2 and 3 hereof . <br /> (d) Notwithstanding any other provision hereof, the <br /> term of this Memorandum of Agreement shall be deemed to have <br /> been extended for successive 365-day periods following the <br /> expiration of the term set forth in the foregoing paragraph <br /> (c) unless and until either party hereto notifies the other <br /> in writing of its election to terminate this Memorandum of <br /> Agreement not less than 30 days prior to the expiration of <br /> the current 365-day period. 0 If the events set forth in <br /> 4 <br />
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