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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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.\RTICLE IV <br />,I\CQU IS IT ION AND CONSTRUCTION OF PROJEC'r; <br />DISOURSEMENT OF FUNDS <br />Section 4,1 Application of Oond Proceeds, The Issuer <br />,;hall ~i'.ly to the Trustee the proceeds from the sale of the Bonds <br />pt:J;:1;::,t t y .lpon receipt of the same from the purchaser or purcha- <br />sers ~f ~he ilonds, From such proceeds a nd promptly upon receipt <br />ther~Jf, ~he Trustee shall pay to those entitled to receive the <br />sa;.ie, 111 i!Xpenses of the issuance o~ the Bonds upon presentation <br />0i st~t~~ents therefor, which such expenses shall be approved by <br />u repr~~entative of the Borrower. <br />~ection 4.2 Project Fund. There is hereby created and <br />-?st~l}Lished with the Trustee a Pro ject Fund. After making the <br />p.,y:nent:.1 r-•~·-1uired by Section 4.1 hereof, the Trustee shall depo- <br />s i~ ~LL ~f the balance of the proceeds from the sa le of the Bonds <br />i~ the ~roJect Fund . <br />The money in the Proj ect Fund, until applied in !,)ayment <br />0f 1ny item of the Cost of the Project, shall be held in trust by <br />t~e ~ru~~ee and, pending such application, shall be subject to a <br />lien .1n.i charge in favor of the holders of the Bonds and for the <br />f~rther ~ecurity of such holders until paid out as herein <br />pr~vi.JuJ. <br />7he rssuer covenants that the acquisition, construction <br />-11\..l ,1quip,n ent Jf the Project will be completed according to the <br />r,rovi.Hons Jf the Loan Agreement, The Issuer's liability for <br />completion of the Project shall be limited to the performance <br />t:ier-:?of by the Borrower pursuant to the Agreement . <br />Section 4.3 Requisitions. The Trustee shall make pay- <br />~ent3 fro~ the Pro ject Fun<.l to pay the Cost of the Proj ect upon <br />recei.pt iJY the Trustee of requisitions (upon which both the <br />T~~st 2e ~n<l the Issuer shall rely and shal l be protecte~ in <br />rel1 i:1J) s i •Jne<l by an Authorized narrower Reprasentative, stating <br />with respect to each payment to be made: (1) the requisition <br />nu,:iber, {2) the name an,l address of the Person to whom payment is <br />Ju~ {,:>r, in thl:! case of payments to the Oond fund, i.n stru·ctions <br />tu ,nar.e :.uch payments to the 8onu fund), ( 3) the amount to be <br />pai<l, (4) ch-1t each obligation, item of cost or expense mentioned <br />th~rein ha.s been properly incurred, is in payment of a part of <br />the Co~t of the Project and is a proper charge against the <br />ProJect lund and has not been the basis of any previous with- <br />lr:iw,\l, ,:,r that each obligation, i.tem of cost O'C' expense men- <br />ti·J1111•l ther~in has been paiJ by the Dor rower, is a re imbursemen t <br />-37-
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