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2003-080
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2003-080
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Last modified
7/25/2017 4:17:40 PM
Creation date
9/30/2015 5:07:13 PM
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Resolutions
Resolution Number
2003-080
Approved Date
07/22/2003
Resolution Type
Revenue Refunding Bonds
Entity Name
Hough, William R. & Co.
Subject
Recreational Revenue Refunding Bonds Series 2003
Archived Roll/Disk#
2746
Supplemental fields
SmeadsoftID
2461
Document Relationships
2003-081
(Cover Page)
Path:
\Resolutions\2000's\2003
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and to provide prior notice to AMBAC of any amendments to either the Authorizing Resolution or <br />this Resolution. <br />The purchase of a debt service reserve fund surety policy (the "Reserve Surety") from <br />AMBAC is in the best interest of the Issuer. The Issuer hereby accepts the terms, conditions and <br />agreements relating to the Reserve Surety in accordance with the Commitment for Reserve Surety as <br />attached hereto as Exhibit "D" and incorporated herein. The Chairman, Vice Chairman or County <br />Administrator are authorized to execute and the Clerk is authorized to attest upon the approval <br />thereof as to form and legal sufficiency by the County Attorney, a financial guaranty agreement or <br />similar agreement as required by the commitment set forth on Exhibit "E" hereto, with such changes, <br />insertions and omissions as may be approved by such officers. In the event the Issuer is required to <br />utilize any funds on deposit in the Reserve Account for the Bonds, the funds on deposit therein shall <br />be used prior to making a draw under the Reserve Surety, and in the event the Issuer subsequently <br />replaces the funds on deposit in the Reserve Account with another surety or similar policy, then such <br />other surety or reserve policy shall be drawn upon prior to drawing upon the Reserve Surety. In the <br />event the Reserve Surety is drawn upon, the Issuer shall use any available Pledged Funds to <br />reimburse Ambac for the amount of draws thereunder, all in accordance with the financial guaranty <br />agreement hereinabove approved. <br />SECTION 7. Section 15 of the Authorizing Resolution is hereby amended to read as <br />follows: <br />SECTION 15. SECURITY FOR AND CERTAIN COVENANTS AND PROVISIONS <br />WITH RESPECT TO THE BONDS. The payment of the principal of, premium, if any, and interest <br />on the Bonds shall be secured forthwith equally and ratably by a pledge of and first lien upon the <br />Pledged Funds. The County does hereby irrevocably pledge the Pledged Funds. <br />The County shall be obligated to take all lawful action necessary or required to continue to be <br />entitled to receive the Half -Cent Sales Tax. <br />In each Fiscal Year that portion of the Half -Cent Sales Tax constituting Pledged Funds, and <br />the Racetrack and Jai Alai Fronton Funds shall be used (i) to pay the principal of, premium, if any, <br />and interest on the Bonds in such Fiscal Year to the extent that amounts in the Sinking Fund (other <br />than in the Reserve Account) are insufficient to make such payments, and (ii), to reimburse the <br />provider of the Reserve Surety for any draws on the Reserve Surety to the extent the funds on deposit <br />in the Revenue Fund are insufficient therefore. To the extent that the Half -Cent Sales Tax and the <br />Racetrack and Jai Alai Fronton Funds received by the County in any Fiscal Year are not required for <br />the payment of the principal of, premium, if any, and interest on the Bonds in such Fiscal Year or to <br />reimburse the provider of the Reserve Surety for any draws on the Reserve Surety in such Fiscal <br />Year, they may be used by the County for any lawful purpose. <br />The Half -Cent Sales Tax and the Racetrack and Jai Alai Fronton Funds liened and pledged <br />hereunder may be invested and reinvested only in Authorized Investments maturing not later than the <br />date on which the same will be needed for the purposes therefor. Any and all income received by the <br />4 <br />
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