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1983-102
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1983-102
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Last modified
3/28/2023 3:08:25 PM
Creation date
3/28/2023 3:04:57 PM
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Resolutions
Resolution Number
1983-102
Approved Date
10/19/1983
Subject
Providing for the financing of the acquition construction & equipment of a
120 Bed Nursing Home Facility located on 37th Street, Providing for Industrial
Development Revenue Bonds (Florida Health Facilities Project)
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-::eeds .)f ~.!1e i3onds and the income fr.om investment of funds under <br />and co the extent provided in the Indenture, and the revenues and <br />rccr.:iipts ,lerived by the Issuer from or in connection with the <br />rep.iy;;icnt ::if .i loan ( the "Loan") from the Issuer to the Borrower <br />for the iinancing of the Project, including payments received <br />under the Loan Agreement. The i3onc1s are additionally secured by <br />.1 security interest in and a mortgage upon the Project, all as <br />:norc p,uticu l.arly set forth in the Indenture. [~ull payment of <br />the pri~ci~al of and premium, if any, and interest on the Bonds <br />has been :ully guaranteed by Clark D0::velopment, Inc., Jack A., <br />~l~r~, Christopher A, Clark and Martin B. Clark (collectively, <br />the "Guar.'.l nt:ir"l pursuant to a Guaranty Agreement dated as of the <br />dat.e hereof, between the Guarantor, the Issuer and the Trustee. <br />:;ei:::"'ler this Bond nor the premium, if any, nor the interest <br />there0n shall. be or constitute a general obligation of the Issuer <br />or ,-i lien uron any property owned by or situated within the <br />JurisJicL~onal territorial limits of the Issuer, except upon the <br />!)rop~rti..~s secured under the Indenture. The holder of this 13ond <br />shall ~~t. i1ave the right to compel any exercise of the ad valor.em <br />taxing power of the State of Florida or of any political sub- <br />.livision of such State to pay this Bond or the interest. thereon. <br />Th~ Issuer shall not be obligated to pay this â–¡ond or the <br />i.;-it<.?rest thereon except from the proceeds of the Bonds and <br />invr:i~t.nent. income under the Indenture ,1nd the revenues and <br />receipts Jerived from the Loan Agreement. <br />The Bonds are issuable in the form of fully registered <br />3onJs, ~ithout coupons, in denominations of $1,000 or any <br />inte')r.:il r.mltiple of ~1,000. The holder of any Bond or 13onds may <br />surr~nu.?r t.he same, at the Corporate Trust Office of the Trustee, <br />i~ exchan1e for an equal aggregate principal amount of fully <br />registerl.?J Done.ls of any authorized denomination, in the manner, <br />subj~ct to the conditions and upon the pa~nent of the charges <br />~rovided in the [ndenture. In like manner, subject to such con- <br />diLiC>n5 and upon the payment of such charges, the holder of any <br />bond may !HJrrender the sarne (together with a written instrument <br />of transfer satisfactory to the Trustee duly executed by the <br />re~istered owner or his attorney duly authorized in writing), in <br />ex.chan3e for ;:i,n equal aggrega.te rrincipal amount of full.y <br />re1ist~rad ilonds, without coupons, of any authorized denomina- <br />tions, registered in the name of the trannferee, <br />'l'he .JanJs are subject to mandatory redemption, in some <br />circumstances with a rremium, only as follows: (a) the Oonds <br />shall be redeemed by the Issuer as a whole on any date at the <br />price of the unpaid princi!:)a l. amount thereof plus accrueJ <br />i~tecest to the Jate fixed for reJemption, upon the discon- <br />tinu.ince iJy the Borrower of its operations at the ['roject and the <br />-5-
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