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10B Action 2009 1221
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10B Action 2009 1221
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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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condition of the Redevelopment Project, including the balances in all funds and accounts <br />relating to the Redevelopment Project, as of the end of such Fiscal Year. The Agency shall <br />promptly furnish a copy of such financial statements to the Trustee and any Insurer at no <br />expense and to any Owner upon reasonable request and at the expense of such Owner. In <br />addition, the Agency shall deliver to the Trustee and any Insurer, on or about February 1 of <br />each year, a Written Certificate of the Agency and a written certificate or opinion of an <br />Independent Accountant stating that the Agency is in compliance with its obligations hereunder. <br />The Trustee shall have no obligation to review any financial statements provided to it by the <br />Agency. <br />Section 5.06. Protection of Security and Rights of Owners. The Agency will <br />preserve and protect the security of the Bonds and the rights of the Owners. From and after <br />the Closing Date with respect to the Series 2010 Bonds, the Bonds shall be incontestable by <br />the Agency. <br />Section 5.07. Payments of Taxes and Other Charges. Except as otherwise provided <br />herein, the Agency will pay and discharge, or cause to be paid and discharged, all taxes, <br />service charges, assessments and other governmental charges which may hereafter be lawfully <br />imposed upon the Agency or the properties then owned by the Agency in the Redevelopment <br />Project, or upon the revenues therefrom when the same shall become due. Nothing herein <br />contained shall require the Agency to make any such payment so long as the Agency in good <br />faith shall contest the validity of said taxes, assessments or charges. The Agency will duly <br />observe and conform with all valid requirements of any governmental authority relative to the <br />Redevelopment Project or any part thereof. <br />Section 5.08. Taxation of Leased Property. All amounts derived by the Agency <br />pursuant to Section 33673 of the Law with respect to the lease of property for redevelopment <br />shall be treated as Alameda County -City of San Leandro Project Area Tax Revenues and <br />West San Leandro Project Area Tax Revenues, as and if applicable, for all purposes of this <br />Indenture. <br />Section 5.09. Disposition of Property. The Agency will not participate in the <br />detachment of taxable land from the Project Area or the disposition of any taxable land or real <br />property in the Project Area to anyone which will result in such property becoming exempt from <br />taxation because of public ownership or use or otherwise (except property dedicated for public <br />right-of-way and except property planned for public ownership or use or other tax exempt use <br />by the Redevelopment Plan in effect on the date of this Indenture) so that such detachment or <br />disposition shall, when taken together with other such detachments or dispositions, (i) <br />aggregate more than ten percent (10%) of the assessed value of property in the Project Area or <br />(ii) would cause the amount of Housing Tax Revenues available to the Agency for application <br />hereunder in the succeeding Fiscal Year to fall below 125% of Maximum Annual Debt Service, <br />in either case unless each Insurer shall otherwise consent in writing. <br />Section 5.10. Maintenance of Tax Revenues. The Agency shall comply with all <br />requirements of the Law to insure the allocation and payment to it of the Tax Revenues, <br />including without limitation the timely filing of any necessary statements of indebtedness with <br />appropriate officials of the County and, in the case of amounts payable by the State, <br />appropriate officials of the State. The Agency shall not undertake proceedings for amendment <br />of the Redevelopment Plan if such amendment shall result in payments to one or more taxing <br />entities pursuant to Sections 33607.5 and 33607.7 of the Law unless the Agency shall first <br />obtain a written opinion of an Independent Redevelopment Consultant that such payments will <br />not adversely impair the Agency's ability to pay debt service on the Bonds. Additionally, the <br />29 <br />
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