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Resolution 1993-117 / MARCH 23, 1993 . RESOLUTION NO. 93-117 A RESOLUTION APPROVING CERTAIN AMENDMENTS TO THE LINE OF CREDIT AGREEMENT BETWEEN THE COUNTY AND SUN BANK, NATIONAL ASSOCIATION; AUTHORIZING THE EXECUTION AND DELIVERY OF A THIRD AMENDATORY LINE OF CREDIT AGREEMENT IN ORDER TO PROVIDE FOR SUCH AMENDMENTS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. BE IT RESOLVED BY THll BOARD OF COUNTY COllHISSIONERS OF COLLIER COUNTY, FLORIDA. SIlCTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of Chapter 125, Florida statutes and other applicable provisions of law. SECTION 2. and declared: FINDINGS. It is hereby ascertained, determined (A) That Collier County, Florida (the "County") and Sun Bank, National Association (the "Bank") have previously entered into a Line of Credit Agreement, dated as of February 27, 1990, as amended (the "Agreement") relating to the issuance of a line of credit by the Bank to the County to finance or refinance the costs of various capital projects in the County (the "Projects"); and (B) That the County and the Bank have previously entered into a First Amendatory Line of Credit Agreement, dated as of February 1, 1991, amending in its entirety Exhibit A to the Agreement; and (C) That the County and the Bank have previously entered into a Second Amendatory Line of Credit Agreement, dated as of August 4, 1992, amending the Agreement in certain respects; and (D) That the County and the Bank wish to a~end provisions of the Agreement to (1) allow for the pledge of ad valorem tax revenues for the repayment of certain Notes, (2) allow for the non- application of the County's covenant to budget ar.d appropriate Non- Ad Valorem Revenues with respect to the repayment of certain Notes, and (3) include additional Projects of the County. SECTION 3. DEFINITIONS. Terms used herein shall have the meanings ascribed thereto by the Agreement, except to the extent such terms are defined herein or the context indicates another meaning. lOOK 000 PAGE 19 MARCH 23, 1993 81!:CTIOlf 4. APPROVAL OF AMENDMENTS TO AGREEMENT. The County hereby approves the amendments to the Agreement as set forth in the Third Amendatory Line of Credit Agreement between the County and the Bank (the "Third Amendatory Agreement"), attached hereto as Exhibit A. 811CTIOlf 5. AUTHORIZATION OF THIRD AMENDATORY LINll OF CRllDIT AGREEKENT. The County hereby authorizes the Chairman (or Vice-Chairman in his absence or unavailability) and the Clerk (or the Deputy Clerk in his absence or unavailability) to execute and deliver on behalf of the County the Third Amendatory Agreement Substantially in the form attached hereto as Exhibit A, with such changes, insertions and additions as they may approve, their execution thereof being evidence of such approval. SECTION 6. AGREEMENT TO CONTINUE IN FORCE. Except as expressly provided in the Third Amendatory Agreement, the Agreement and all the terms and provisions thereof are and shall remain in full force and effect. SECTIOlf 7. GElfERAL AUTHORIZATION. The Chairman, Vice- Chairman and Clerk of the Board and other employees and agents of the County are authorized to execute and deliver such documents and contracts, and are hereby authorized and directed to do all acts and things required hereby as may be necessary for the full punctual and complete performance of all the terms, covenants, provisions and agreements herein contained, or as otherwise may be necessary or desirable to eftectuate the purpose and intent of this Resolution. SECTIOlf 8. REPEAL OF INCONSISTENT DOCtlHENTS. All ordinances, resolutions and parts thereot in conflict herewith are hereby superceded and repealed to the extent ot such contlict. 2 aDDK 000 PAG[ 20 MARCH 23, 1993 SECTION 9. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. ADOPTED this ~ day of March, 1993. COMMISSIONERS OF FLORIDA . , ,,>\la:l:J Jr ~.. I, .... .' .....,,/ ,',--ATTEST: ',' c/o , " By: . . ,~ Approved as to torm and leqal sUfficiency, ~., ../~~ County Attorne ,lOOK 000 PAGl 21 3