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OTHER-2021-022 Trust Agreement
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OTHER-2021-022 Trust Agreement
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Last modified
8/27/2021 3:01:03 PM
Creation date
8/27/2021 2:57:43 PM
Metadata
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Template:
BOCC
Date
5/18/2021
Meeting Type
Business
Document Type
Others
Agenda Item
8-e
Document Relationships
Agenda - 05-18-2021; 8-e - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various CIP Projects and To Refinance Existing County Obligations
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 05-18-2021 Virtual Business Meeting
Agenda for May 18, 2021 Board Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 05-18-2021 Virtual Business Meeting
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(g) The County is vested with fee simple title to the Pledged Sites. There <br /> are no liens or encumbrances on the Pledged Facilities or the Pledged Sites other <br /> than the existing encumbrances, as shown on Exhibit C to the Deed of Trust. <br /> (h) The County Board resolutions relating to the County's execution and <br /> delivery of this Agreement, the 2021 Bonds, the Deed of Trust and the transactions <br /> contemplated by those instruments have been duly adopted, are in full force and <br /> effect, and have not been in any respect modified, revoked or rescinded. <br /> (i) The County believes funds will be available to satisfy all its obligations <br /> under this Agreement. <br /> (j) The Pledged Facilities have been designed and will be constructed to <br /> comply with all applicable subdivision, building and zoning ordinances and <br /> regulations, and all applicable federal and State standards and requirements <br /> relating to the Pledged Facilities. <br /> (k) The County will not take or permit, or omit to take or cause to be taken, <br /> any action that would cause the Series A Bonds to be "arbitrage bonds" or "private <br /> activity bonds" within the meaning of the Code. If the County does take or permit, or <br /> take or cause to be taken, any such action, or omit to take or cause to be taken, the <br /> County must take (or cause to be taken) all lawful actions within its power <br /> reasonably necessary to rescind or correct such actions or omissions promptly upon <br /> having knowledge of the effect of such actions. <br /> Section 6.02. County's Undertakings as to Environmental Matters. <br /> The County makes the following statements of fact, with the intent and <br /> understanding that the Trustee and the Bondholders will rely on these statements in <br /> deciding to enter into this Agreement and to purchase and own Bonds. <br /> (a) The County has no knowledge (i) that any industrial use has been made <br /> of the Mortgaged Property, (ii) that the Mortgaged Property has been used for the <br /> storage, treatment or disposal of chemicals or any Hazardous Materials, (iii) that <br /> any manufacturing, landfilling or chemical production has occurred on the <br /> Mortgaged Property, or (iv) that there is any asbestos or other contaminant on, in or <br /> under the Mortgaged Property. <br /> (b) To the County's knowledge, the Mortgaged Property complies with all <br /> federal, State and local environmental laws and regulations. The County will keep <br /> 26 <br />
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