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1997-034
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1997-034
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Last modified
10/25/2015 11:45:45 PM
Creation date
9/10/2015 12:16:01 PM
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Resolutions
Resolution Number
1997-34
Approved Date
04/22/1997
Resolution Type
Memorandum of Agreement
Entity Name
Ocean Spray Cranberries
Subject
Citrus Pulp Processing Facility Industrial Development Revenue
Area
Ocean Spray Cranberries
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• <br /> • <br /> shall, at the option of the County, be terminated. <br /> SECTION 3. The County will, at the proper time, and subject <br /> in all respects to the prior advice, consent and approval of the <br /> Company, submit applications, adopt such proceedings and authorize <br /> the execution of such documents as may be necessary and advisable <br /> for the authorization, sale and issuance of the Bonds and the <br /> construction and equipping of the Project, all as shall be <br /> authorized by law and mutually satisfactory to the County and the <br /> Company. <br /> SECTION 4. The Bonds issued shall be in such aggregate prin- <br /> cipal amount, shall bear interest at such rate or rates, shall be <br /> payable at such times and places, shall be in such forms and de- <br /> nominations, shall be sold in such manner and at such time or <br /> times, shall have such provisions for redemption, shall be execut- <br /> ed, and shall be secured, all as shall be authorized by the Act and <br /> all on terms mutually satisfactory to the County and the Company. <br /> SECTION 5. The County will use and apply the proceeds of the <br /> issuance and sale of the Bonds, or cause such proceeds to be used <br /> and applied, to the extent of such proceeds, to pay the cost of the <br /> Project, and will loan such Bond proceeds to the Company for the <br /> Project pursuant to a financing agreement requiring the Company to <br /> make payment for the account of the County in installments <br /> sufficient to pay all of the interest, principal, redemption <br /> premiums (if any) and other costs due under and pursuant to the <br /> Bonds when and as the same become due and payable, to operate, <br /> repair and maintain the Project at the Company's own expense, to <br /> pay all other costs incurred by the County in connection with the <br /> financing of the acquisition, rehabilitation, expansion, equipping <br /> and administration of the Project which are not paid out of the <br /> Bond proceeds or otherwise for so long as any of the Bonds remain <br /> outstanding, and for the conveyance to the Company of all rights, <br /> title and interest of the County in and to the Project when all of <br /> the obligations of the Company under the financing agreement have <br /> been performed and satisfied. <br /> SECTION 6. The Company hereby acknowledges and accepts that <br /> it shall be solely responsible for the construction and equipping <br /> of the Project, it being understood and agreed that the Company <br /> shall provide all services incident to the construction and <br /> equipping of the Project (including, without limitation, the <br /> preparation of plans, specifications and contract documents, the <br /> award of contracts, the inspection and supervision of work <br /> performed, the employment of engineers, architects, building and <br /> other contractors) and that the Company shall pay all costs of the <br /> Project, subject to reimbursement by the County upon the issuance <br /> and sale of the Bonds of costs of the Project as permitted by <br /> applicable State law and federal tax law, and the use and applica- <br /> tion of the proceeds thereof as provided above. The County shall <br /> have no responsibility for the provision of the aforesaid services. <br /> 3 <br />
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