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<br />26 <br />necessary to do so to ensure receiving sufficient tax increment revenues from the <br />Project Area to pay debt service on the Bonds and any Parity Debt, amounts required to <br />pay debt service on the Bonds and any Parity Debt on the next succeeding September <br />1; and <br /> <br />(C) if the Successor Agency determines it is necessary to ensure timely <br />payment of debt service on the Bonds and any Parity Debt, the Successor Agency may <br />also collect on each January 2 or June 1, as necessary, a reserve, to be held in the Debt <br />Service Fund, for the payment of debt service on the Bonds and any Parity Debt on <br />March 1 and September 1 of the next succeeding calendar year; and <br /> <br />(D) any amounts required to replenish the Reserve Account and any other <br />reserve account established under any Parity Debt Instrument and any amounts due and <br />owing to the 2018 Reserve Insurer or any other issuer of a Qualified Reserve Credit <br />Instrument under the Indenture; and <br /> <br />(E) if any amounts then due and payable to the 2018 Reserve Insurer under <br />the Indenture are not included on any current Recognized Obligation Payment Schedule <br />and the Successor Agency is then legally permitted to amend such Recognized <br />Obligation Payment Schedule, the Successor Agency will submit to the Oversight Board <br />and the DOF a request to amend such Recognized Obligation Payment Schedule to <br />include such amounts then due and payable to the 2018 Reserve Insurer; and <br /> <br />(F) the Successor Agency will not submit to the Oversight Board and the <br />State Department of Finance a request for the final amendment permitted for its Last <br />and Final Recognized Obligation Payment Schedule pursuant to Section 34191.6 of the <br />Dissolution Act without the prior written consent of the 2018 Reserve Insurer, unless all <br />amounts that could become due and payable to the 2018 Reserve Insurer under the <br />Indenture would be included as a line item on the Last and Final Recognized Obligation <br />Payment Schedule following approval of the requested amendment. <br /> <br />The Successor Agency has no power to levy and collect taxes, and various factors <br />beyond its control could affect the amount of Tax Revenues available in any six-month period to <br />pay the principal of and interest on the 2018 Bonds (see “RISK FACTORS”). <br /> History of Submission of the Recognized Obligation Payment Schedules. The <br />Successor Agency has procedures in place to ensure full and timely compliance with the above- <br />described covenant. The Successor Agency has submitted all of its Recognized Obligation <br />Payment Schedules on a timely basis. <br /> <br />In addition, there are strong incentives for the Successor Agency to submit Recognized <br />Obligation Payment Schedules on time. If the Successor Agency does not submit a <br />Recognized Obligation Payment Schedule to the Oversight Board and the DOF at least 90 days <br />prior to each January 2 and June 1, then the City of San Leandro will be subject to a $10,000 <br />per day civil penalty for every day the schedule is late. Additionally, if the Successor Agency <br />does not submit a Recognized Obligation Payment Schedule to the Oversight Board and the <br />DOF at least 80 days prior to each January 2 and June 1, then the Successor Agency’s <br />administrative cost allowance may be reduced by up to 25%. For additional information <br />regarding procedures under the Dissolution Act relating to late Recognized Obligation Payment <br />Schedules and implications for the 2018 Bonds, see “RISK FACTORS – Recognized Obligation <br />Payment Schedule.” <br />131