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1995-102
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1995-102
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Last modified
3/28/2019 2:32:22 PM
Creation date
2/27/2019 11:29:48 AM
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Resolutions
Resolution Number
1995-102
Approved Date
09/12/1995
Resolution Type
Utilities
Entity Name
City of Sebastian
Subject
Water and Sewer System from Sebastian to County
Area
Interlocal Agreement
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the principal amount of the Federal Securities and the earnings <br />thereon to pay the Defeased Bonds. So long as the Escrow Holder <br />applies any moneys, the Federal Securities and securities purchased <br />hereunder and the interest earnings therefrom to pay the Defeased <br />Bonds as provided herein, and complies fully with the terms of this <br />Agreement, the Escrow Holder shall not be liable for any <br />deficiencies in the amounts necessary to pay the Defeased Bonds <br />caused by such calculations. <br />Section 12. Term. This Agreement shall commence upon its <br />execution and delivery and shall terminate when the Defeased Bonds <br />have been paid and discharged in accordance with the proceedings <br />authorizing the Defeased Bonds, and all. amounts held by the Escrow <br />Holder hereunder have been applied in accordance herewith. <br />Section 13. Severability. If any one or more of the cove- <br />nants or agreements provided in this Agreement on the part of the <br />City or the Escrow Holder to be performed should be determined by <br />a court of competent jurisdiction to be contrary to law, such <br />covenant or agreements herein contained shall be null and void and <br />shall be severed from the remaining covenants and agreements and <br />shall in no way affect the validity of the remaining provisions of <br />this Agreement. <br />SECTION 14. Amendments to this Agreement. This Agreement is <br />made for the benefit of the City, the County and the holders from <br />time to time of the Defeased Bonds and it shall not be repealed, <br />revoked, altered or amended in whole or in part without the written <br />consent of all affected holders, the Escrow Holder, the County and <br />the City; provided, however, that the City, the County and the <br />Escrow Holder may, without the consent of, or notice to, such <br />holders, enter into such agreements supplemental to this Agreement <br />as shall not adversely affect the rights of such holders and as <br />shall not be inconsistent with the terms and provisions of this <br />Agreement, for any one or more of the following purposes: <br />(a) to cure any ambiguity or formal defect or omission in <br />this Agreement; <br />(b) to grant to, or confer upon, the Escrow Holder, for the <br />benefit of the holders of the Bonds and the Defeased Bonds any <br />additional rights, remedies, powers or authority that may lawfully <br />be granted to, or conferred upon, such holders or the Escrow <br />Holder; and <br />(c) to subject to this Agreement additional funds, securities <br />or properties. <br />The Escrow Holder shall, at its option, be entitled to rely <br />exclusively upon an opinion of nationally recognized attorneys on <br />the subject of municipal bonds acceptable to the City and the <br />County with respect to compliance with this Section, including the <br />1:3 <br />
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