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73-85 Agreement w/ Madison Ave Assoc - finance bldg
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73-85 Agreement w/ Madison Ave Assoc - finance bldg
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Last modified
5/14/2013 3:07:01 PM
Creation date
9/8/2003 10:11:40 AM
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Office Of Council
Document Type
Ordinances
Date
9/8/2003
Date Adopted
9/16/1985
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IDB109A <br />9/9/85 (ab) <br /> <br />financial responsibility with respect to the Bond or the Project except from "Revenues" <br />(as defined in Section 165.01(I) of the Ohio Revised Code) derived by the Issuer in respect <br />of the Bond and the Project. <br /> <br /> 3. After enactment of the necessary legislation and upon receipt of a <br />request from the Borrower, the Issuer, if permitted under the limitation imposed by <br />Section 103(n) of the Internal Revenue Code of 1954, as amended or reeodified, will <br />promptly issue the Bond, maturing fn such amounts and times,, bearing interest at such <br />rate or rates, payable on such dates and containing such optional and mandatory prepay- <br />ment features and prices as shall be approved by the Borrower and the Issuer, and will <br />deliver the Bond to the purchaser or purchasers thereof and cooperate to the fullest <br />extent in consummating the issuance, sale and delivery of the Bond. <br /> <br /> 4. Ail wages paid to laborers and mechanics employed on the Project <br />shall be paid at the prevailing rates of wages of laborers and mechanics for the class of <br />work called for by the Project, which wages shall be determined in accordance with the <br />requirements of Chapter 4115 of the Ohio Revised Code for determination of prevailing <br />wage rates, and the Borrower agrees to comply with all other provisions of said Chapter <br />4115 which are made applicable to the Project by reason of Section 4115.032 of the Ohio <br />Revised Code, including, without limitation, all procedures established by the Prevailing <br />Wage Coordinator having jurisdiction. <br /> <br /> 5. In order to induce the Issuer to execute and deliver this Agreement <br />and ultimately to issue the Bond, the Borrower hereby agrees to defend, indemnify and <br />hold the Issuer and any and all officials thereof harmless against any and all loss, cost, <br />expense, claim or action arising out of or connected with the execution of this Agree- <br />ment and the preparation of proceedings for, and the issuance, sale or delivery of, the <br />Bond. <br /> <br /> IN WITNESS WHEREOF, the Issuer, pursuant to an ordinance duly adopted on <br />September m, 1985, by the City Council of the City of Lakewood, Ohio, has caused this <br />Agreement to be executed by the Mayor and the Borrower has caused this Agreement to <br />be executed, all as of the day and year first above wri'tten. <br /> <br />MADISON AVENUE ASSOCIATES <br /> <br />CITY OF LAKEWOOD, OHIO <br /> <br />By By <br /> <br />General Partner <br /> <br />Mayor <br /> <br />-2- <br /> <br /> <br />
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