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SA 3 - RESO - TAX ALLOCATION BONDS
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SA 3 - RESO - TAX ALLOCATION BONDS
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Last modified
6/30/2016 4:21:44 PM
Creation date
6/30/2016 3:50:32 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
3
Date
7/5/2016
Destruction Year
2021
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Revenues on a basis senior to or on a parity with the Bonds will be issued except pursuant to <br />Article IV of the Indenture. <br />The Agency covenants and agrees that, subject to the prior application and lien in favor <br />of the Senior Bonds, all Tax Revenues when and as received, will be received by the Agency in <br />trust hereunder and will be transferred to the Trustee within a reasonable period of time from the <br />receipt by the Agency thereof, for deposit by the Trustee in the Tax Increment Fund and will be <br />accounted for through and held in trust in the Tax Increment Fund, and the Agency shall have no <br />beneficial right or interest in any of such money, except only as specifically provided otherwise <br />in the Indenture. All such Tax Revenues, whether received by the Agency and held in trust <br />pending transfer or deposited with the Trustee, all as herein provided, shall nevertheless be <br />disbursed, allocated and applied solely to the uses and purposes hereinafter set forth in the <br />Indenture, and shall be accounted for separately and apart from all other money, funds, accounts <br />or other resources of the Agency. Any Tax Revenues received by the Trustee in the Tax <br />Increment Fund (other than amounts deposited in the Reserve Account) in excess of the amounts <br />required to be, held by the Trustee in the Tax Increment Fund shall be released from the pledge <br />and lien hereunder and transferred to the Agency and may be used for any lawful purpose of the <br />Agency. <br />Pursuant to the laws of the State of California, including California Health and Safety <br />Code Sections 34183 and 34170.5(b), the County Auditor - Controller is obligated to deposit the <br />Tax Revenues into the Redevelopment Property Tax Trust Fund. In furtherance of this Section <br />5,01 and the Dissolution Act, and in accordance with the County Auditor - Controller's <br />obligations as set forth in California Health and Safety Code Section 34183, the Agency shall <br />take all steps to ensure that the County Auditor - Controller (1) deposits the Tax Revenues into the <br />Redevelopment Property Tax Trust Fund, (2) allocates funds for the principal and interest <br />payments due on the Outstanding Bonds and any Parity Debt and any deficiency in the Reserve <br />Account (including amounts due to the issuer of the 2016 Reserve Policy) pursuant to each valid <br />Recognized Obligation Payment Schedule in accordance with the Dissolution Act and as <br />provided in this Section 5.01, and (3) make the transfers to the Trustee required under Section <br />5.02 of the Indenture. <br />The Agency will take all actions required under the Dissolution Act to include on its <br />BOPS the amounts described below to be transmitted to the Trustee for the applicable ROPS <br />Period in order to satisfy the requirements of the Indenture, including any amounts required to <br />pay principal and interest payments due on the Senior Bonds, Outstanding Bonds and any Parity <br />Debt, any Compliance Costs, any deficiency in the Reserve Account to the full amount of the <br />Reserve Account Requirement (including amounts due to the issuer of the 2016 Reserve Policy) <br />and any deficiency in the reserve accounts under the indentures for the Senior Bonds, The <br />Agency shall submit an Oversight Board - approved BOPS to the County Auditor - Controller and <br />the Department of Finance on or before February 1 with respect to the BOPS Period <br />commencing the following July 1. <br />Expected Compliance Costs, if any, will be included in each ROPS in accordance with <br />the Dissolution Act. <br />27 <br />3 -45 <br />
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