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Agenda - 04-19-2016 - 7-a - Adoption of the Final Financing Resolution Authorizing the Issuance of $8,150,000 in Installment Purchase Financing for Various Capital Investment Plan Projects
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Agenda - 04-19-2016 - 7-a - Adoption of the Final Financing Resolution Authorizing the Issuance of $8,150,000 in Installment Purchase Financing for Various Capital Investment Plan Projects
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4/15/2016 9:26:09 AM
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BOCC
Date
4/19/2016
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7a
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RES-2016-032 Resolution providing final approval of terms and documents for 2016 County installment financing
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\Board of County Commissioners\Resolutions\2010-2019\2016
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22 <br /> is any asbestos or other contaminant on, in or under the Mortgaged Property. Any haz- <br /> ardous materials or substances that have been kept on the Mortgaged Property have been <br /> used in the routine maintenance and operation of the Mortgaged Property and have been <br /> used in accordance with label instructions. <br /> (ii) To the County's knowledge, the Mortgaged Property is in compliance with <br /> all federal, State and local environmental laws and regulations. The County will keep the <br /> Mortgaged Property, and the activities at the Mortgaged Property, in compliance with all <br /> such environmental laws and regulations. The County will, in a timely manner, take all <br /> lawful action necessary to maintain such compliance or to remedy any lack of such com- <br /> pliance. Any hazardous materials or substances kept on the Mortgaged Property will be <br /> used in the routine maintenance and operation of the Mortgaged Property and will be <br /> used in accordance with label instructions. <br /> (iii) The County will promptly notify the Lender of any change in the nature or <br /> extent of any hazardous materials, substances or wastes maintained on, in or under the <br /> Mortgaged Property or used in connection therewith. The County will promptly send to <br /> the Lender copies of any citations, orders, notices or other material governmental or other <br /> communication received with respect to any other hazardous materials, substances, <br /> wastes or other environmentally regulated substances affecting the Mortgaged Property. <br /> (b) To the extent permitted by law, the County will indemnify and hold the <br /> Lender and the Deed of Trust Trustee harmless from and against (i) any and all damages, <br /> penalties, fines, claims, liens, suits, liabilities, costs (including cleanup costs), judgments <br /> and expenses (including attorneys', consultants' or experts' fees and expenses) of every <br /> kind and nature suffered by or asserted against the Lender or the Deed of Trust Trustee as <br /> a direct or indirect result of any warranty or representation made by the County in sub- <br /> section (a) being false or untrue in any material respect, or (ii) any requirement under any <br /> law or regulation which requires the elimination or removal of any hazardous materials, <br /> substances, wastes or other environmentally regulated substances by the Lender, the <br /> County or any transferee or assignee of the County or the Lender. <br /> (d) The County's obligations under this Section will continue in effect notwith- <br /> standing satisfaction of the Obligations (as defined in the Deed of Trust), foreclosure un- <br /> der the Deed of Trust or delivery of a deed in lieu of foreclosure. <br /> ARTICLE VIII <br /> INDEMNIFICATION <br /> To the extent permitted by law, the County will indemnify, protect and save <br /> (a) the Deed of Trust Trustee, <br /> (b) the Lender and its officers, employees, and directors, and <br /> 15 <br />
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