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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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however, that the Trustee shall not be deemed to have knowledge that any Bond is owned by or <br />for the account of the Agency unless the Agency is the registered Owner or the Trustee has <br />received written notice that any other registered Owner is such an affiliate. <br />Section 9.05. Disqualified Bonds. In determining whether the Owners of the requisite <br />aggregate principal amount of Bonds have concurred in any demand, request, direction, <br />consent or waiver under this Indenture, Bonds which are owned or held by or for the account of <br />the Agency or the City (but excluding Bonds held in any employees' retirement fund) shall be <br />disregarded and deemed not to be Outstanding for the purpose of any such determination. <br />Section 9.06. Waiver of Personal Liability. No member, officer, agent or employee of <br />the Agency shall be individually or personally liable for the payment of the principal or interest or <br />any premium on the Bonds; but nothing herein contained shall relieve any such member, <br />officer, agent or employee from the performance of any official duty provided by law. <br />Section 9.07. Destruction of Cancelled Bonds. Whenever in this Indenture provision <br />is made for the surrender to the Trustee of any Bonds which have been paid or cancelled <br />pursuant to the provisions of this Indenture, the Trustee shall destroy such bonds and upon <br />request of the Agency provide the Agency a certificate of destruction. The Agency shall be <br />entitled to rely upon any statement of fact contained in any certificate with respect to the <br />destruction of any such Bonds therein referred to. <br />Section 9.08. Notices. (a) Any notice, request, demand, communication or other <br />paper shall be sufficiently given and shall be deemed given when delivered or upon receipt <br />when mailed by first class, registered or certified mail, postage prepaid, or sent by facsimile, <br />addressed as follows: <br />If to the Agency: Redevelopment Agency of the <br />City of San Leandro <br />835 E. 14th Street <br />San Leandro, California 94577 <br />Attention: Treasurer <br />Facsimile: (510) 577-3312 <br />If to the Trustee: U.S. Bank National Association <br />One California Street, Suite 1000 <br />San Francisco, California 94111 <br />Attention: Corporate Trust Services <br />Facsimile: (415) 273-4590 <br />The Agency and the Trustee may designate any further or different addresses to which <br />subsequent notices, certificates or other communications shall be sent. <br />Section 9.09. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase <br />of this Indenture shall for any reason be held illegal, invalid or unenforceable, such holding shall <br />not affect the validity of the remaining portions of this Indenture. The Agency hereby declares <br />that it would have adopted this Indenture and each and every other Section, paragraph, <br />sentence, clause or phrase hereof and authorized the issue of the Bonds pursuant thereto <br />irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or <br />phrases of this Indenture may be held illegal, invalid or unenforceable. If, by reason of the <br />45 <br />
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