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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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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
3
Date
7/5/2016
Destruction Year
2021
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ARTICLE VI <br />COVENANTS OF THE AGENCY <br />Section 6.01 Punctual Payment. The Agency will punctually pay the principal of, <br />premium, if any, and the interest to become due with respect to the Bonds, in strict conformity <br />with the teens of the Bonds and of the Indenture and will faithfully satisfy, observe and perform <br />all conditions, covenants and requirements of the Bonds and of the Indenture, <br />Section 6.02 Aaainst Encumbrances. The Agency will not mortgage or otherwise <br />encumber, pledge or place any charge upon any of the Tax Revenues, except as provided in the <br />Indenture, and will not issue any obligation or security superior to or on a parity with then <br />Outstanding Bonds payable in whole or in part from the Tax Revenues (other than Additional <br />Bonds in accordance with Section 4.01). The Agency shall refund outstanding Senior Bonds on <br />a parity with the Bonds only to the extent such refunding would be permitted by Section <br />34177.5(a)(1) of the Dissolution Act. <br />Section 6.03 Extension or Funding of Claims for Interest. In order to prevent any <br />claims for interest after maturity, the Agency will not, directly or indirectly, extend or consent to <br />the extension of the time for the payment of any claim for interest on any Bonds and will not, <br />directly or indirectly, be a party to or approve any such arrangements by purchasing or funding <br />said claims for interest or in any other manner, In case any such claim for interest shall be <br />extended or funded, whether or not with the consent of the Agency, such claim for interest so <br />extended or funded shall not be entitled, in case of default hereunder, to the benefits of the <br />Indenture, except subject to the prior payment in full of the principal of the Bonds then <br />Outstanding and of all claims for interest which shall not have been so extended or funded. <br />Section 6.04 Payment of Claims. Subject to the terms of the Dissolution Act, the <br />Agency will pay and discharge any and all lawful claims for labor, materials or supplies which, if <br />unpaid, might become a lien or charge upon the properties owned by the Agency or upon the Tax <br />Revenues or any part thereof, or upon any funds in the hands of the Trustee, or which might <br />impair the security of the Bonds; provided that nothing herein contained shall require the Agency <br />to make any such payments so long as the Agency in good faith shall contest the validity of any <br />such claims. <br />Section 6.05 Books and Accounts; Financial Statements. The Agency will keep <br />proper books of record and accounts, separate from all other records and accounts of the Agency, <br />in which complete and correct entries shall be made of all transactions relating to the Tax <br />Increment Fund. Such books of record and accounts shall at all times during business hours be <br />subject to the inspection of the Trustee (who shall have no duty to inspect) and the Owners of not <br />less than ten per cent (10 %) of the aggregate principal amount of Bonds Outstanding or their <br />representatives authorized in writing. <br />The Agency will prepare and file with the Trustee and the Bond Insurer annually, so long <br />as any Bonds are Outstanding, the audited financial statements of the Agency as part of the <br />Annual Report (as defined in the Continuing Disclosure Agreement), provided, however, that the <br />audited financial statements of the Agency may be submitted separately from the balance of the <br />36 <br />3 -54 <br />
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