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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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(d) Borrower will promptly pay and discharge all taxes, assessments and <br /> governmental charges which may be lawfully levied, assessed or imposed upon it or its <br /> properties, or upon its income or profits, and all lawful claims for labor, material and services <br /> which, if unpaid, might become a lien or charge against any of the Project; provided, however, <br /> that Borrower shall have the right to contest in good faith any such tax, assessment, charge, levy <br /> or claim by appropriate proceedings without the prior payment thereof unless payment is required <br /> to contest. <br /> (e) Borrower will keep and safeguard accurate and complete books and records, and <br /> maintain the same,together with all valuable papers and records at Borrower's principal offices. <br /> (f) Borrower will defend, or cause to be defended, at all times any adverse claim by <br /> a third party relating to the possession of or any interest in the assets of Borrower. <br /> (g) Borrower will furnish, or cause to be furnished, to MBI, at Borrower's expense, <br /> the following financial statements and other information of Borrower: <br /> (i) As soon as available and in any event within ninety (90) days following <br /> the end of each calendar year, (i) the balance sheet and annual statements of income and <br /> surplus accounts for Borrower as of and for the calendar year then ended, all in <br /> reasonable detail, prepared in accordance with generally accepted accounting principles <br /> applied on a consistent basis throughout the periods involved and audited, if requested by <br /> MBI after an occurrence of an Event of Default, by an independent certified public <br /> accountant which shall furnish to MBI a standard unqualified opinion regarding such <br /> financial statements, (ii) a cash flow analysis for Borrower for the calendar year then <br /> ended in such form and in such detail as MBI may require, and(iii) a current rent roll for <br /> the Project in such form and in such detail as MBI may require; <br /> (ii) As soon as available and in any event within thirty (30) days from filing <br /> and in no event later than ninety (90) days following the end of each calendar year, a <br /> copy of the federal income tax return for Borrower for the calendar year then ended <br /> unless an extension is filed with the Internal Revenue Service (evidence of such <br /> extension to be promptly provided to MBI), and then within thirty (30) days of the <br /> extension date,but in no event later than October 15 of each calendar year; <br /> (iii) Commencing upon the completion of the construction or rehabilitation of <br /> the Improvements and continuing thereafter, within thirty (30) days following the end of <br /> each calendar quarter, (i) the balance sheet and quarterly statements of income and <br /> surplus accounts for Borrower as of and for the calendar quarter then ended, all in <br /> reasonable detail, prepared in accordance with generally accepted accounting principles <br /> applied on a consistent basis throughout the periods involved, and (ii) a current rent roll <br /> for the Project in such form and in such detail as MBI may require; <br /> (iv) If at any time the financial statements for Borrower on file with MBI are <br /> more than twelve months old, within thirty (30) days of receiving a request from MBI, <br /> current financial statements for Borrower on such form and in such detail as MBI may <br /> require; and <br /> (v) From time to time at such times as MBI may reasonably require, such <br /> further information regarding the business affairs and financial conditions of Borrower as <br /> MBI may require, including but not limited to, a certified rent roll, accounting and <br /> Page 43 <br />
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