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SA_FULL PACKET_2016-07-05
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SA_FULL PACKET_2016-07-05
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Last modified
6/30/2016 5:41:03 PM
Creation date
6/30/2016 5:40:40 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
3
Date
7/5/2016
Destruction Year
2021
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purports to create of the Tax Revenues as provided in the Indenture, subject to the <br />application thereof to the purposes and on the conditions permitted by the Indenture; and <br />(3) such Additional Bonds are valid and binding spacial obligations of the Agency, <br />enforceable in accordance with their terms (except as enforcement may be limited by <br />bankruptcy, insolvency, reorganization and other similar laws relating to the enforcement <br />of creditors' rights, by application of equitable principles and by exercise of judicial <br />discretion in appropriate cases) and the terms of the Indenture and all Supplemental <br />Indentures thereto and entitled to the benefits of the Indenture and all such Supplemental <br />Indentures and the Law, and such Additional Bonds have been duly and validly <br />authorized and issued in accordance with the Law and the Indenture and all such <br />Supplemental Indentures; <br />(d) A Written Request of the Agency containing such statements as may be <br />reasonably necessary to show compliance with the requirements of the Indenture; and <br />(e) Such further documents, money and securities as are required by the <br />provisions of the Indenture and the Supplemental Indenture providing for the issuance of <br />such Additional Bonds. <br />ARTICLE V <br />TAX REVENUES; CREATION OF FUNDS <br />Section 5.01 Pledpo of Tax Revenues; Tax Increment Fund. Subject only to the <br />provisions of the Indenture permitting the application thereof for the purposes and on the terms <br />and conditions set forth herein, all of the Tax Revenues and all amounts on deposit from time to <br />time in the finds and accounts established hereunder (other than the Expense Account and the <br />Rebate Fund) are hereby pledged to the payment of the principal of and interest on the <br />Outstanding Bonds and any Parity Debt as provided herein. The Agency hereby irrevocably <br />grants to the Trustee for the benefit of the 2016 Bond Insuuer, the issuer of the 2016 Reserve <br />Policy and the Owners of the Outstanding Bonds a first charge and lion on, and a security interest <br />in, and hereby pledges and assigns, the Tax Revenues, whether held by the Agency, the County <br />Auditor - Controller or the Trustee, and all amounts in the funds and accounts established <br />hereunder (other than the Expense Account and the Rebate Fund), including the "Successor <br />Agency to the Community Redevelopment of the City of Santa Ana Tax Increment Ftrnd" <br />(hereinafter called the "Tax Increment Fund "), which is hereby created by the Agency and which <br />fiord the Agency hereby covenants and agrees to maintain with the Trustee so long as any Bonds <br />shall be Outstanding hereunder or amounts are owed to the 2016 Bond Insurer or the issuer of <br />the 2016 Reserve Policy, to the Trustee for the benefit of the 2016 Bond Insurer, the issuer of the <br />2016 Reserve Policy and the Owners of the Outstanding Bonds. <br />Notwithstanding the foregoing, there shall not be deposited with the Trustee for deposit <br />in the Tax Increment Fund any taxes eligible for allocation to the Agency pi i suant to the Law in <br />an amount in excess of that amount which, together with all money then on deposit with the <br />Trustee in the Tax Increment Fund and the accounts therein, shall be sufficient to discharge all <br />Outstanding Bonds as provided in Article X hereof. No additional bonds payable from Tax <br />FM <br />3 -44 <br />
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