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Agenda - 12-20-94 - Contract
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Agenda - 12-20-94 - Contract
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Last modified
11/9/2016 3:09:24 PM
Creation date
11/9/2016 9:07:28 AM
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BOCC
Date
12/20/1994
Meeting Type
Regular Meeting
Document Type
Contract
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SECTION 2 . ADVANCE OF FINANCING PROCEEDS <br /> 2 . 1 Advances by Lender. Subject to the terms and conditions <br /> of this Contract, Lender hereby agrees to advance to the County an <br /> aggregate amount of up to NINE MILLION, SIX HUNDRED THOUSAND AND <br /> NO/100 DOLLARS ($9 , 600, 000 . 00) , representing the above-referenced <br /> Financing Proceeds . <br /> The Financing Proceeds shall be used solely for the purpose of <br /> constructing the Improvements . Interest shall accrue on the total <br /> amount of the advanced Financing Proceeds outstanding from time to <br /> time at a fixed rate of 5 .710, based upon a year having 365 days <br /> (or 366 days, as the case may be) , for the actual number of days in <br /> any interest calculation period, and shall be paid in accordance <br /> with the provisions of Section 3 below. <br /> 2 .2 Security Instrument. All advances made by Lender to or <br /> for the benefit of the County under this Contract will be secured <br /> by the Deed of Trust, which shall constitute a first priority lien <br /> on the Property and a first priority security interest in any and <br /> all fixtures, if any, used in connection with the operation of the <br /> Property. <br /> SECTION 3 . INSTALLMENT PAYMENTS <br /> 3 .1 Amounts and Times of Installment Payments. The County <br /> shall repay the Financing Proceeds in equal semi-annual <br /> installments of principal and interest (herein the "Installment <br /> Payments" ) in an amount sufficient to fully amortize the repayment <br /> of same over a period of fifteen years, in the amount of <br /> $480, 650 . 00 each, with the first such Installment Payment being due <br /> and payable on July 15, 1995 . If not sooner paid, all remaining <br /> principal and interest shall be due and payable by the County on <br /> the Maturity Date. Each installment shall be deemed to be an <br /> Installment Payment and such Installment Payments shall be <br /> sufficient in the aggregate to repay the Financing Proceeds <br /> together with interest thereon. <br /> 3 .2 Place of Payments . All payments required to be made to <br /> the Lender hereunder shall be made at the Lender' s principal office <br /> or as may be otherwise directed by the Lender or its assignee. <br /> 3 .3 Late Charges . Should the County fail to pay any <br /> Installment Payment or any other sum required to be paid to the <br /> Lender within fifteen (15) days after the due date thereof, the <br /> County shall pay a late charge equal to four percent (4%) of the <br /> delinquent Installment Payment. <br /> 3 .4 Abatement of Installment Payments . There will be no <br /> abatement or reduction of the Installment Payments by the County <br /> for any reason, including, but not limited to, any defense, <br /> 3 <br />
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