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10B Action 2009 1221
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10B Action 2009 1221
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Last modified
12/17/2009 10:13:45 AM
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12/17/2009 10:13:36 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/21/2009
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_CC Agenda 2009 1221
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1221
RDA Reso 2009-024
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
Reso 2009-170
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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ARTICLE V <br />OTHER COVENANTS OF THE AGENCY <br />Section 5.01. Punctual Payment. The Agency shall punctually pay or cause to be paid <br />the principal and interest to become due in respect of all the Bonds together with the premium <br />thereon, if any, in strict conformity with the terms of the Bonds and of this Indenture. The <br />Agency shall faithfully observe and perform all of the conditions, covenants and requirements of <br />this Indenture, all Supplemental Indentures and the Bonds. Nothing herein contained shall <br />prevent the Agency from making advances of its own moneys howsoever derived to any of the <br />uses or purposes referred to herein. <br />Section 5.02. Limitation on Additional Indebtedness; Against Encumbrances. The <br />Agency hereby covenants that, so long as the Bonds are Outstanding, the Agency shall not <br />issue any bonds, notes or other obligations, enter into any agreement or otherwise incur any <br />indebtedness, which is in any case payable from all or any part of the Housing Tax Revenues, <br />excepting only the Senior Obligation, the Series 2010 Bonds, any Parity Debt and any <br />Subordinate Debt. The Agency will not otherwise encumber, pledge or place any charge or lien <br />upon any of the Housing Tax Revenues or other amounts pledged to the Bonds superior or <br />equal to the pledge and lien herein created for the benefit of the Bonds. <br />Section 5.03. Extension of Payment. The Agency will not, directly or indirectly, extend <br />or consent to the extension of the time for the payment of any Bond or claim for interest on any <br />of the Bonds and will not, directly or indirectly, be a party to or approve any such arrangement <br />by purchasing or funding the Bonds or claims for interest in any other manner. In case the <br />maturity of any such Bond or claim for interest shall be extended or funded, whether or not with <br />the consent of the Agency, such Bond or claim for interest so extended or funded shall not be <br />entitled, in case of default hereunder, to the benefits of this Indenture, except subject to the <br />prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for <br />interest which shall not have been so extended or funded. <br />Section 5.04. Payment of Claims. The Agency shall promptly pay and discharge, or <br />cause to be paid and discharged, any and all lawful claims for labor, materials or supplies <br />which, if unpaid, might become a lien or charge upon the properties owned by the Agency or <br />upon the Housing Tax Revenues or other amounts pledged to the payment of the Bonds, or any <br />part thereof, or upon any funds in the hands of the Trustee, or which might impair the security <br />of the Bonds. Nothing herein contained shall require the Agency to make any such payment so <br />long as the Agency in good faith shall contest the validity of said claims. <br />Section 5.05. Books and Accounts; Financial Statements. The Agency shall keep, or <br />cause to be kept, proper books of record and accounts, separate from all other records and <br />accounts of the Agency and the City, in which complete and correct entries shall be made of all <br />transactions relating to the Redevelopment Project, the Housing Tax Revenues, and the <br />Special Fund. Such books of record and accounts shall at all times during business hours be <br />subject to the inspection of any Insurer and the Owners of not less than ten percent (10%) in <br />aggregate principal amount of the Bonds then Outstanding, or their representatives authorized <br />in writing. <br />The Agency will cause to be prepared, within two hundred and seventy (270) days after <br />the close of each Fiscal Year so long as the Bonds are Outstanding, complete audited financial <br />statements with respect to such Fiscal Year showing the Tax Revenues and the Housing Tax <br />Revenues, all disbursements of Tax Revenues and Housing Tax Revenues and the financial <br />28 <br />
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