Resolution 13-21 - Laserfiche WebLink

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ku/LN.GJGI VO t1l.'.VU11t. From the remaining funds in the General Account,after transfers and payments required in(b)(1)or(b)(2)and(c),there shall be set aside into the Reserve Account the sum of$ 253 .26 each month until there is accumulated in that account the sum of $ 30,391.20 after which deposits may be suspended,except to replace withdrawals.When necessary, disbursements may be used for payments due on the Note if sufficient funds are not available in the General or Debt Service Account.With the prior written approval of the Government,funds may be withdrawn for: (1)paying the cost of repairing or replacing any damage to the Facility which may have been caused by catastrophe,or (2)making extensions or improvements to the Facility. Whenever disbursements are made from the Reserve Account,monthly deposits shall then be resumed until there is again accumulated the amount$ 30,391.20 ,at which time deposits may be discontinued.Whenever there shall accumulate in the General Account,amounts in excess of those required in subsections(b)(1)and(2),(c),and(d),such excess will be used by the Organization to make prepayments on the loan or retained in the General Account.The accounts required in subsections(b)(1)and(2),(c)and(d) may be established and maintained as bookkeeping accounts or as separate bank accounts at the election of the Organization,unless otherwise directed by the Government. Section 5.(Other Covenants and Agreements of the Organization).The Organization covenants and agrees that so long as the indebtedness hereby authorized remains unpaid: (a)It will indemnify the Government for any payments made or losses suffered by the Government. (b)It will comply with applicable state laws and regulations and continually operate and maintain the Facility in good condition. (c)It will impose and collect such rates and charges that gross revenues will be sufficient at all times to provide for the payment of the operation and maintenance thereof and the installment payments on the Note and the maintenance of the various accounts herein created.All service rendered by or use of the Facility shall be subject to the full rates prescribed in the rules and regulations of the Organization. (d)If,for any reason,gross revenues are insufficient,it will cause to be levied and collected such assessments as may be necessary to operate and maintain the Facility in good condition and meet installment payments on the Note as the same become due. (e)It will(i)establish and maintain such books and records relating to the operation of the Facility and its financial affairs, (ii)will provide for the annual audit thereof in such manner as may be required by the Government,(iii)will provide the Government without its request a copy of each such audit,and(iv)will make and forward to the Government such additional information and reports as it may from time Lto time require. (f)It will provide the Government,at all reasonable times,access to the Facility and all its books and records so that the Government may ascertain that the Organization is complying with the provisions hereof and with the provisions of other instruments incident to the making or insuring of the loan. (g)It will maintain at least such insurance and fidelity bond or employee dishonesty coverage as may be required by the Government. (h)It will not borrow any money from any source or enter into any contract or agreement or incur any other liabilities in connection with making extensions or improvements to the Facility,exclusive of normal maintenance,without obtaining the prior written consent of the Government. (i)It will not cause or permit any voluntary dissolution of the Organization or merge or consolidate with an other organization, without obtaining the prior written consent of the Government.It will not dispose of,or transfer title to the Facility or any part thereof,including lands and interest in lands by sale,security instrument,lease or other encumbrance,without obtaining the prior written consent of the Government.Revenue,in excess of the amount required to maintain the accounts described by Section 4 herein,will not be distributed or transferred to any other organization or legal entity. (j)It will not modify or amend its organizational documents,including any articles of incorporation or bylaws without the written consent of the Government. (k)It will provide adequate service to all persons within the service area who can feasibly and legally be served and will obtain Government's concurrence prior to refusing new or adequate services to such persons.Upon failure to provide services which are feasible and legal, such person shall have a direct right of action against the Organization or public body. (I)All present and future contract rights,accounts receivable,and general intangibles arising in connection with the Facility are pledged as security for the loan. -3-