Agenda 05-03-22; 8-j - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Projects

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27 NOW, THEREFORE, in consideration of the covenants contained in this Supplemental Agreement, the parties agree as follows: ARTICLE I THE 2022 BONDS Section 1.01. Provision for 2022 Bonds; Advance. (a) The County will issue, and the Trustee will authenticate and deliver, 2022 Bonds in an aggregate principal amount of[$43,000,000]. (b) The County acknowledges that the amount paid to it from the issuance and sale of the 2022 Bonds will be $ . The County will use the amount paid as provided in this Supplemental Agreement to pay 2022 Project Costs. Section 1.02. Bonds Constitute Installment Contracts. Each of the 2022 Bonds, together with the County's corresponding obligations under the Trust Agreement and the Deed of Trust, constitutes a separate "installment contract" within the meaning of Section 160A-20 between the County and the owner of that Bond. The County's payment obligations, and its other obligations under this Agreement and with respect to the Bonds, are secured by the lien on the Mortgaged Property created under the Deed of Trust and by the other security provided for in the Trust Agreement. Section 1.03. Agreement Supplements 2018 Agreement; 2022 Bonds Are Additional Bonds. (a) This Supplemental Agreement is a "supplemental agreement" for the issuance of Additional Bonds as provided in the 2018 Agreement, and the 2022 Bonds are "Additional Bonds" as defined in the 2018 Agreement. (b) Except as modified by this Supplemental Agreement, all terms of the Prior Agreement remain in effect and apply with respect to the 2022 Bonds to the same extent as to all Prior Bonds. Section 1.04. Form and Details; Payments. (a) The 2022 Bonds will be issued initially as two fully registered bonds. The 2022 Bonds will be in substantially the form of Exhibit C, with any changes as the Trust Agreement 2