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Authorizing the execution of an agreement with Simon Bros., Incorporated, or any subsidiary thereof, relating to the construction and installation of economic development facilities
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Authorizing the execution of an agreement with Simon Bros., Incorporated, or any subsidiary thereof, relating to the construction and installation of economic development facilities
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4/25/2017 4:11:29 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
6/25/1979
Ord-Res Number
705-79
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Issuer shall not have any financial responsibility with respect <br />to the Bonds or the Project except from the revenues and receipts <br />derived by the Issuer with respect to the Bonds, the Financing <br />Agreement and the Facility. The parties hereto understand and <br />agree that the Company will utilize the Facility to further the <br />purposes of the Act. <br />2. Upon receipt of a request from the Company, the Issuer <br />will promptly issue the Bonds, maturing in such amount not <br />exceeding One Million Three Hundred Thousand Dollars ($1,300,000.00) <br />and at such times, bearing interest at such rate or rates, payable <br />on such dates and containing such optional and mandatory redemption <br />features and prices as are requested by the Company, and will <br />deliver the Bonds to the purchaser thereof and cooperate to its <br />fullest extent in consummating the transaction. <br />3. That, subject to the requirements and provisions of <br />the Act, the Common Council of the Issuer will adopt the legisla- <br />tion necessary to authorize the issuance of the aforesaid Bonds; <br />and the execution of such Financing Agreement on behalf of the Issuer. <br />4. In order to induce the Issuer to execute and deliver <br />this Agreement and ultimately to issue the Bonds, the Company <br />hereby agrees to defend, indemnify and hold the Issuer and any and <br />all officials thereof harmless against any and all loss, cost, <br />expense, claims or actions arising out of or connection with the <br />extension of this Agreement and the preparation of the proceedings <br />for, and the issuance, sale or delivery of, the Bonds. <br />IN WITNESS WHEREOF, the Issuer, pursuant to resolution <br />passed on June , 1979, has caused this Agreement to be executed <br />by the Mayor, and the Company has caused this Agreement to be executed <br />by its President as of the day and year first above written. <br />ATTEST: <br />SIMON BROS., INCORPORATED <br />By <br />Kurt Simon, President <br />CITY OF SOUTH BEND, INDIANA <br />By <br />Peter J. Nemeth, Mayor <br />Irene K. Gammon, City Clerk -3- <br />
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