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10A Action Items 2017 1218
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10A Action Items 2017 1218
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12/13/2017 11:33:34 AM
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12/13/2017 11:33:30 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/18/2017
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Document Relationships
OB Reso 2017-06 Refunding Bonds
(Reference)
Path:
\City Clerk\Successor Agency Oversight Board
SA Reso 2017-008
(Reference)
Path:
\City Clerk\City Council\Resolutions\2017
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<br />-24- <br />ARTICLE IV <br /> <br />SECURITY OF BONDS; FLOW OF FUNDS <br /> <br />Section 4.01. Security of Bonds; Equal Security. Except as provided in Section 6.06, <br />the 2018 Bonds and any Parity Debt shall be equally secured by a pledge of, security interest in <br />and lien on all of the Tax Revenues, including all of the Tax Revenues in the Redevelopment <br />Obligation Retirement Fund and a first and exclusive pledge of, security interest in and lien upon <br />all of the moneys in the Debt Service Fund, the Interest Account, the Principal Account, the <br />Sinking Account and the Redemption Account, without preference or priority for series, issue, <br />number, dated date, sale date, date of execution or date of delivery. The 2018 Bonds and all <br />Parity Debt shall be additionally secured by a first and exclusive pledge of, security interest in and <br />lien upon all of the moneys in the Reserve Account established by Section 4.03(d). The Bonds <br />shall be also equally secured by the pledge and lien created with respect to the Bonds by Section <br />34177.5(g) of the Law on moneys deposited from time to time in the Redevelopment Property <br />Tax Trust Fund. Except for the Tax Revenues and such moneys, no funds or properties of the <br />Successor Agency shall be pledged to, or otherwise liable for, the payment of principal of or <br />interest on the Bonds. <br /> <br />In consideration of the acceptance of the Bonds by those who shall hold the same from <br />time to time, this Indenture shall be deemed to be and shall constitute a contract between the <br />Successor Agency and the Owners from time to time of the Bonds, and the covenants and <br />agreements herein set forth to be performed on behalf of the Successor Agency shall be for the <br />equal and proportionate benefit, security and protection of all Owners of the Bonds without <br />preference, priority or distinction as to security or otherwise of any of the Bonds over any of the <br />others by reason of the number or date thereof or the time of sale, execution and delivery thereof, <br />or otherwise for any cause whatsoever, except as expressly provided therein or herein. <br /> <br />Section 4.02. Redevelopment Obligation Retirement Fund; Deposit of Tax Revenues. The <br />Successor Agency has heretofore established the Redevelopment Obligation Retirement Fund <br />pursuant to Section 34170.5(a) of the Law which the Successor Agency shall continue to hold <br />and maintain so long as any of the Bonds are Outstanding. <br /> <br />The Successor Agency shall deposit all of the Tax Revenues received with respect to any <br />Bond Year into the Redevelopment Obligation Retirement Fund promptly upon receipt thereof by <br />the Successor Agency. All Tax Revenues received by the Successor Agency in excess of the <br />amount required to pay debt service on the Bonds and any Parity Debt in any Bond Year, and <br />except as may be provided to the contrary in this Indenture or Parity Debt Instrument, shall be <br />released from the pledge and lien hereunder and shall be applied in accordance with the Law, <br />including but not limited to the payment of debt service on any Subordinate Debt. Prior to the <br />payment in full of the principal of and interest and redemption premium (if any) on the Bonds and <br />the payment in full of all other amounts payable hereunder and under any Supplemental <br />Indentures, the Successor Agency shall not have any beneficial right or interest in the moneys on <br />deposit in the Redevelopment Obligation Retirement Fund, except as may be provided in this <br />Indenture and in any Supplemental Indenture. <br /> <br />Section 4.03. Deposit of Amounts by Trustee. There is hereby established a trust fund to <br />be known as the Debt Service Fund, which shall be held by the Trustee hereunder in trust. <br />Concurrently with transfers with respect to Parity Debt pursuant to Parity Debt Instruments, <br />moneys in the Redevelopment Obligation Retirement Fund shall be transferred by the Successor <br />Agency to the Trustee in the following amounts, at the following times, and deposited by the <br />450
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