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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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and (ii) such other opinions, certifications and computations, of accountants or other financial <br />consultants concerning the matters described in paragraph (a)(i) of this section. <br />ARTICLE XII <br />MISCELLANEOUS <br />Section 12.01 Liability of Agency Limited to Tax Revenues. The Agency shall not be <br />required to advance any money derived from any source of income other than the Tax Revenues <br />for the payment of the principal of, and the interest on the Bonds or for the performance of any <br />covenants herein contained, other than the covenants contained in Section 6.11 hereof. The <br />Agency may, however, advance funds for any such purpose, provided that such funds are derived <br />from a source legally available for such purpose. <br />The Bonds are special obligations of the Agency and are payable, as to interest thereon <br />and principal thereof, exclusively from the Tax Revenues, and the Agency is not obligated to pay <br />them except from the Tax Revenues. All of the Bonds are equally secured by a pledge of, and <br />charge and lien upon, all of the Tax Revenues, and the Tax Revenues constitute a trust fund for <br />the security and payment of the principal of, and the interest on the Bonds, to the extent set forth <br />in the Indenture, The Bonds are not a debt of the City, the County, the State of California or any <br />other political subdivision of the State, and neither said City, said State, said County nor any of <br />the State's other political subdivisions is liable therefor, nor in any event shall the Bonds be <br />payable out of any funds or properties other than those of the Agency pledged therefor as <br />provided in the Indenture. The Bonds do not constitute an indebtedness within the meaning of <br />any constitutional or statutory limitation or restriction, and neither the City Council members <br />acting for the Agency nor any persons executing the Bonds are liable personally on the Bonds by <br />reason of their issuance, <br />Section 12.02 Parties Interested Herein. Nothing in the Indenture, expressed or <br />implied, is intended to give to any person other than the Agency, the Trustee, the Bond Insurer <br />and the Owners any right, remedy or claim under or by reason of the Indenture. Any covenants, <br />stipulations, promises or agreements in the Indenture contained by and on behalf of the Agency <br />or any City Council member or officer or employee of the Agency shall be for the sole and <br />exclusive benefit of the Trustee, the Bond Insurer and the Owners. <br />Section 12.03 Unclaimed Moneys. Anything contained herein to the contrary <br />notwithstanding, any money held by the Trustee in trust for the payment and discharge of the <br />interest on, or principal or prepayment premium, if any, of any Bond which remains unclaimed <br />for two (2) years after the date when such amounts have become payable, if such money was <br />held by the Trustee on such date, or for two (2) years after the date of deposit of such money if <br />deposited with the Trustee after the date such amounts have become payable shall be paid by the <br />Trustee to the Agency as its absolute property free from trust, and the Trustee shall thereupon be <br />released and discharged with respect thereto and the Owners shall look only to the Agency for <br />the payment of such amounts; provided, that before being required to make any such payment to <br />the Agency, the Trustee shall, at the expense of the Agency, give notice by first class mail to all <br />Owners and to the Securities Depository and the MSRB that such money remains unclaimed and <br />that after a date named in such notice, which date shall not be less than sixty (60) days after the <br />55 <br />3 -73 <br />
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