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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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In the event that there shall be insufficient money in the Tax Increment Fund to pay in <br />full all such principal and Sinking Account Installments due pursuant to Section 5,03(c) hereof in <br />such Bond Year, then the money available in the Tax Increment Fund shall be applied pro rata to <br />the payment of such principal and Sinking Account Installments in the proportion which all such <br />principal and Sinking Account Installments bear to each other. <br />(c) Term Bonds Sinking Account. The Trustee shall deposit in the Term Bonds <br />Sinking Account an amount of money which, together with any money contained therein, is <br />equal to the Sinking Account Installments payable on the Sinking Account Payment Date in such <br />Bond Year. No deposit need be made in the Term Bonds Sinking Account if the amount <br />contained therein is at least equal to the aggregate amount of all Sinking Account Installments <br />required to be made on the Sinking Account Payment Date in such Bond Year. All moneys in <br />the Term Bonds Sinking Account shall be used and withdrawn by the Trustee solely for the <br />purpose of purchasing or redeeming the Term Bonds in accordance with Section 2.04(c) hereof. <br />(d) Reserve Account, The Trustee shall set aside from the Tax Increment Fund and <br />deposit in the Reserve Account such amount as may be necessary to maintain on deposit therein <br />an amount equal to the Reserve Account Requirement. No deposit need be made into the <br />Reserve Account so long as there shall be on deposit therein an amount equal to the Reserve <br />Account Requirement. All money in or credited to the Reserve Account shall be used and <br />withdrawn by the Trustee solely for the purpose of replenishing the Interest Account, the <br />Principal Account or the Term Bonds Sinking Account in such order, in the event of any <br />deficiency in any of such accounts occurring on any Interest Payment Date, Principal Payment <br />Date or Sinking Account Payment Date, or for the purpose of paying the interest on or the <br />principal of the Bonds in the event that no other money of the Agency is lawfully available <br />therefor, or for the retirement of all Bonds then Outstanding, except that for so long as the <br />Agency is not in default hereunder, any amount in the Reserve Account in excess of the Reserve <br />Account Requirement shall be transferred to the Tax Increment Fund. <br />On any date on which Bonds are defeased in accordance with Section 11.02 hereof, the <br />Trustee shall, if so directed in a Written Request of the Agency, transfer any moneys in the <br />Reserve Account in excess of the Reserve Account Requirement resulting from such defeasance <br />to the entity or find so specified in such Written Request of the Agency, to be applied to such <br />defeasance. <br />If at any time the Trustee fails to pay principal or interest due on any scheduled payment <br />date for the Bonds and any Parity Debt or withdraws funds from the Reserve Account to pay <br />principal and interest on the Bonds and any Parity Debt, the Trustee shall notify the Agency in <br />writing of such failure or withdrawal, as applicable. <br />The prior written consent of the 2016 Bond Insurer shall be a condition precedent to the <br />deposit of any Qualified Reserve Account Credit Instrument credited to the Reserve Account <br />established for the Series 2016 Bonds (other than the 2016 Reserve Policy) in lieu of a cash <br />deposit into the Reserve Account. Amounts drawn under the 2016 Reserve Policy shall be <br />available only for the payment of scheduled principal and interest on the Series 2016 Bonds <br />when (Inc. <br />30 <br />
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