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R2005-86 AUTHORIZING LIMITED GUARANTY
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R2005-86 AUTHORIZING LIMITED GUARANTY
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Last modified
12/21/2015 9:15:56 AM
Creation date
12/21/2015 9:15:56 AM
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Resolution/Ordinance
Res Ord Num
R2005-86
Res Ord Title
AUTHORIZING LIMITED GUARANTY - DECATUR HOUSING AUTHORITY - WABASH CROSSING
Approved Date
6/20/2005
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.. <br /> . 4 ' . <br /> ((i)and(ii)referred to herein as the "Sources") <br /> The Lender agrees that it will look solely to such Sources for payment to the Lender as herein <br /> provided and that the Guarantor shall not be generally liable to the Lender for any amount <br /> payable hereunder and no assets or revenue of the Guarantor are available other than as provided <br /> herein. The Lender agrees in the case of any liability of the Guazantor hereunder that it will look <br /> solely to the Sources; provided, however, that the foregoing shall not be deemed to be an <br /> exculpation of the Developer and shall in no way limit the Developer' recourse liability. In <br /> furtherance of the foregoing, and not in limitation thereof, notwithstanding anything to the <br /> contrary herein, this Limited Guaranty does not and shall not pledge the general credit or taxing <br /> power of the Guarantor and nothing herein shall constitute a general obligation, debt or bonded <br /> indebtedness of the Guarantor, and further, nothing herein gives the Lender or any other party, <br /> and none of them has, the right to have excises or taxes levied by the Guarantor, or by the State <br /> of Illinois or the taxing authority of any other political subdivision, municipality or other local <br /> agency thereof for the payment of amounts due hereunder. <br /> 6. The Guarantor will provide to the Lender a copy of the budgets for the Section 108 <br /> CDBG Loan Guarantee Program and the Near North Redevelopment Project Area TIF or any <br /> other funding sources Guarantor intends to cover the Guaranty. It is understood that these <br /> budgets will demonstrate that sufficient funds exist to meet Guarantor's obligations under the <br /> Loan Guaranty. Guarantor will take all reasonable and necessary steps to insure that sufficient <br /> funds are available to meet its obligations to the Lender. It is recognized that these funds aze <br /> subject to the review and oversight of regulatory agencies and the use of such funds to meet <br /> obligations of the Guazantor or for any other purposes are subordinate to the rules, regulations <br /> and applicable statutes governing the uses of these funds under the oversight of appropriate <br /> regulatory agencies. Guarantor shall inform Lender of any change in the availability of these <br /> funds and rules affecting the use of such funds to meet obligations of the Loan Guazanty and if <br /> needed,the steps it is taking to meet ' obligations under the Loan Guaranty. <br /> Dated thi�� day of ,2005. <br /> GUARANTOR: <br /> City of Decatur <br /> By: 'l���i� <br /> Paul Osborne,Mayor <br /> � <br /> gy. �.� � <br /> Celeste Harris, City erk <br /> {DOOG4860.DOC/6 Limited Guaranty 198 017901} <br />
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