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Agenda Package - 03-17-08
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Agenda Package - 03-17-08
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4/3/2009 10:55:29 AM
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Admin-Clerk
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Agenda
Committee
Board of Commissioners
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034 <br />Resolution Approving Financing Terms <br />WHEREAS; The Lemon Springs Volunteer Fire Department, Inc. (VFD) has previously <br />determined to the addition of a Sub-Station, and the Treasurer has presented a proposal for the financing of <br />the project. <br />RE IT THEREFORE RESOLVED, as follows; <br />1. The VFD hereby determines to finance the Project through Branch Banking and Trust <br />(BB&T) in accordance with the proposal dated Jan. 9'", 2008. <br />The amount to be financed shall not exceed $300,000.00, the annual Interest rate shall not <br />exceed 6%, and the financing term shall not exceed 20 years from closing. <br />2. All financing contracts and all related documents for closing of the financing (the <br />financing documents) shall be consistent with the foregoing terms. All officers and <br />employees ofthe VFD are hereby authorized and directed to execute and deliver any <br />Financing Documents. and to take all such further action as they may consider necessary <br />or desirable, to carry out the financing of the Project as contemplated by the proposal and <br />this resolution. The Financing Documents shall include a Financing Agreement and a <br />Deed of Trust and a Project Fond Agreement as BB&T may request. <br />3. The treasurer is hereby authorized and directed to hold executed copies of the Financing <br />Documents until the conditions for the delivery of the Financing Documents have been <br />completed to such officer's satisfaction. The treasurer is authorized to approve changes <br />to any financing documents previously signed by the VFD officers or employees, <br />provided that such changes shall not substantially alter the intent of such documents or <br />cenificates from the intent expressed in the forms executed by such officers. The <br />Financing Documents shall be in such final forms as the treasurer shall approve with the <br />treasurer's release of any Financing Document for delivery constituting conclusive <br />evidence of-such officer's final approval of the document's final form. <br />4. The VFD shall not take or omit to take any action the taking or omission of which will <br />cause its interest payments on this Financing to be includable in the gross income for <br />federal income tax purposes of the interest payment obligations. The VFD hereby <br />designates its obligations to make principle and interest payments under the financing <br />documents as "qualified tax exempt obfigations" for the purpose of internal Revenue <br />Code Section 265(b)(3). <br />5. All prior actions of VFD officers in furtherance of the purposes ofthis resolution are <br />hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in <br />conflict with this resolution are hereby repealed, to the extent of the conflict This <br />resolution shall take effect immediately. <br />Adopted this 9"', day of January 2008. <br />SEAL <br />By:~ <br />Title: p_z ri dr y- <br />By <br />c <br />"fitlc: ~tl <br />t'fit.L ~y <br />2 <br />
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