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Agenda - Economic Development Authority - 05/24/2005
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Agenda - Economic Development Authority - 05/24/2005
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4/14/2025 1:32:42 PM
Creation date
5/20/2005 11:16:45 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Economic Development Authority
Document Date
05/24/2005
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ARTICLE II <br /> <br />REPRESENTATIONS, COVENANTS AND WARI:LANT~S <br /> <br /> Section 2.1. Representations. Covenants and Warranties of Tenant. Tenant represents, <br />covenants and warrants as follows: <br /> <br /> (a) Tenant is a municipal corporation duly organized and existing under the ' <br />Constitution and laws of the State. <br /> <br /> (b) Tenant is author/zed under the Constitution and laws of the State to execute and <br />deliver this Lease and to perform all of its obligations provided hereunder and contemplated <br />hereby. __ <br /> <br /> (c) The officers of Tenant executing this Lease have been duly authorized'to execute <br />and deliver this Lease under the terms and provisions ora resoIution of Tenant's go~,ern/ng body, <br />or by other appropriate official action. <br /> <br /> (d) In authorizing and executing this Lease, Tenant has complied with all open <br />meeting, public bidding and other State and Federal Laws applicable to tiffs Lease and the <br />Tenant. <br /> <br /> (e) Tenant will not pledge, mortgage or assign this Lease, or its duties and obligations <br />herem~der to any other person, firm or corporation exCept as provided under the terms of this <br /> <br /> (f) The Project wilt be used during the Term of this Lease only to carry out the <br />gow:mmenml purposes of Tenant. <br /> <br /> (g) During the Term of this Lease, Tenant will not take any action (or suffer any <br />action to be taken or circumstance to exist which i~ within thepower of Tenant to prevent) the <br />e~:ct of which would be (1) to cause the interest on the Bonds tO become subject to federal <br />income taxation, including, but not limited tq: permitting any entity that is not a Governmental <br />Unit to use, directly or indirectly, any portion bf the Project in a trade or business so as to impair <br />the tax-exempt status of the Bonds, all within the meaning of SectiOn 14I of the Code, or (2) to <br />cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code.. <br /> <br /> (h) The Project will comply with all applicable land use, environmental control, ' <br />building and zoning o'rdinances and regulations, if any. <br /> <br /> (i) Tenant will cause the Project to be constructed in a workmanlike manner and <br />substantially completed in accordance with the Plans and Specifications and in compliance with <br />ail zmfing, fire code and other laws and regulations and suitable for the intended purposes of the <br />Temmt, on or before <br /> <br />(i) The execution and delivery hereof, the compliance with the terms and' conditions <br />and thc consummation of the transactions contemplated hereby, do not and will not <br /> <br />I ?6JP08v I '7 <br /> <br />23 <br /> <br /> <br />
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