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1983-012
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Last modified
3/21/2023 2:58:41 PM
Creation date
3/21/2023 2:58:36 PM
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Resolutions
Resolution Number
1983-012
Approved Date
02/02/1983
Subject
Authorizing an extension of an additional period of time for those inducements &
committees set forth in Res. 1982-048 Authorizing the execution of Lettes of Intnet
& inducement to General Dev. Utilities , Industrial Bonds
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.4 <br />4 <br />Exhibit A <br />General Development Utilities, Inc. <br />Miami, Florida <br />Re: Amendments to Letter of Intent and Inducement Agreement <br />in connection with proposed financing by General Develop- <br />ment Utilities, Inc., of industrial facilities for the furnishing <br />of sewerage services (the "Project") situated in Indian River <br />County with industrial development revenue bonds issued by <br />the County. <br />Gentlemen: <br />Based upon your representations to the officials and representatives of Indian <br />River County, Florida (the "Issuer") that you are proceeding with all due diligence toward <br />conclusion of arrangements necessary to acquire and construct certain industrial facilities <br />for the furnishing of sewerage services (the "Project") and to finance said Project with the <br />issuance of industrial development revenue bonds by the issuer, the Issuer proposes that <br />paragraph 5 of that certain letter addressed to you and authorized to be executed and <br />delivered by the Issuer pursuant to Resolution No. 82-48 (the "Letter of Intent and <br />Inducement Agreement"), be amended to read as follows: <br />5. Upon acceptance by the Borrower of this proposal, the <br />Issuer shall keep open and outstanding this commitment and <br />inducement to the Borrower for a reasonable time so long as the <br />Borrower shall be proceeding with appropriate efforts toward <br />conclusion of any arrangements necessary to the Project; provided, <br />however, if for any reason (other than that which shall be the fault <br />of the Issuer) the bonds are not delivered to the purchaser or <br />purchasers thereof by October 17, 1983, then the provisions of this <br />proposal and the agreement resulting from its acceptance by the <br />Borrower shall be deemed cancelled. in such event, or in the event <br />of its earlier cancellation by agreement between the Borrower and <br />the Issuer, neither party shall have any rights against the other and <br />no third party shall have any rights against either party except: <br />(a) The Issuer will transfer and convey to the Borrower all <br />the Project components (and sites, if any) which shall have been <br />acquired by the Issuer; provided the Issuer has received adequate <br />compensation therefor from the Borrower. <br />(b) The Borrower will pay to the Issuer the amount of all <br />expenses which shall have been incurred by the Issuer in connection <br />with the Project and which were authorized by the Borrower, <br />including any administrative fees of the Issuer in reviewing and <br />processing Borrower's bond issuance application. <br />-3- <br />
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