d. Resolution/YMCA MIDA Bond
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d. Resolution/YMCA MIDA Bond
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principal of and interest on the Bonds will be payable solely from revenues derived from the lease <br />of the Project to the Company and other mounts pledge under the Indenture. <br /> <br /> 3. Pursuant to a Lease Agreement between the County and the Company (the "Lease <br />Agreement") the County will Lease the Project to the Company. The basic payments to be made by <br />the Company under the Lease Agreement are established so as to produce revenue sufficient to pay <br />the principal of, premium, if any, and interest on the Bonds when due. The County will assign its <br />rights to the basic payments and certain other rights under the Lease Agreement to the Trustee as <br />security for payment of the Bonds under the Indenture. <br /> <br /> 4. Under the provisions of the Act, and as provided in the Lease Agreement and <br />Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue <br />pledged to the payment thereof; the County is not subject to any liability thereon; nor shall the holder <br />of any Bonds ever have the right to compel any exercise by the County of its taxing powers to pay <br />any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any <br />property of the County except the interest of the County in the Lease Agreement which has been <br />assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or <br />encumbrance, legal or equitable upon any property of the County except the interest of the County <br />in the Lease Agreement which has been assigned to the Trustee under the Indenture; the Bonds shall <br />recite that the Bonds are issued without obligation on the part of the State or its political <br />subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues <br />pledged to the payment thereof; and the Bonds shall not constitute a debt of the County within the <br />meaning of any constitutional or statutory limitation. <br /> <br /> 5. Subject to the approval of the County's counsel, the forms of the Lease Agreement, <br />the Indenture, the Mortgage and all other documents necessary for the issuance of the Bonds (the <br />"Bond Documents") are hereby approved. The Bond Documents are directed to be executed in the <br />name and on behalf of the County by the Chairman or other member of the County Commission and <br />the County Auditor. Any other documents and certificates necessary to the transaction described <br />above shall be executed by the appropriate County officers. Copies of all of the documents <br />necessary to the transaction herein described shall be signed, delivered and filed as provided herein <br />and in the Lease Agreement and Indenture. <br /> <br /> 6. The County shall forthwith proceed to issue its Bonds, beating interest at an average <br />net annual rate not exceeding 8.00% and in such form and upon such other terms and conditions as <br />set forth in the Indenture. The Chairman or other member of the County Commission and County <br />Auditor are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture <br />and to deliver them to the Trustee for authentication and delivery to the bond purchaser. <br /> <br /> 7. The Chairman and County Auditor and other officers of the County are authorized <br />and directed to prepare and furnish to the bond purchaser a certified copy of all proceedings and <br />records of the County relating to the Bonds and such other affidavits and certificates as may be <br />required to show the facts relating to the legality of the Bonds, as such facts appear from the books <br />and records in the Officer's custody and control or as otherwise known to them; and all such certified <br /> <br />-2- <br /> <br /> <br />
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