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<br />7¿-~ <br /> <br />Alternatively, if the proceeds of such insurance are sufficient to enable the City to retire <br />all outstanding Parity Obligations and the Bonds and all other amounts due hereunder and <br />under the Indenture, the City may elect not to repair, reconstruct or replace the damaged or <br />destroyed portion of the Enterprise, and thereupon such proceeds shall be applied to the <br />prepayment of the Installment Payments as provided in the Installment Payment Contract and <br />to the payment of all other amounts due thereunder and under the Indenture, and as otherwise <br />required by the documents pursuant to which such Parity Obligations were issued. <br /> <br />The City will also procure and maintain commercial general liability insurance covering <br />claims against the City for bodily injury or death, or damage to property and worker's <br />compensation insurance to cover all persons employed in connection with the Enterprise. <br /> <br />Any policy of insurance required under the Installment Purchase Contract may be <br />maintained by the City in the form of self-insurance, subject to the conditions set forth in the <br />Installment Purchase Contract. <br /> <br />Condemnation Awards. If all or any part of the Enterprise shall be taken by eminent <br />domain proceedings, the Net Proceeds thereof shall be applied as follows: <br /> <br />(a) If (1) the City prepares a report showing (i) the estimated loss of annual <br />Net Revenues, if any, suffered or to be suffered by the City by reason of such eminent <br />domain proceedings, (ii) a general description of the additions, betterments, extensions <br />or improvements to the Enterprise proposed to be acquired by the City from any Net <br />Proceeds, and (iii) an estimate of the additional annual Net Revenues to be derived from <br />such additions, betterments, extensions or improvements, and (2) on the basis of such <br />certificate, the City determines that the estimated additional annual Net Revenues will <br />sufficiently offset the estimated loss of annual Net Revenues resulting from such <br />eminent domain proceedings so that the ability of the City to meet its obligations under <br />the Installment Purchase Contract will not be substantially impaired (which <br />determination shall be final and conclusive); then the City shall promptly proceed with <br />the acquisition of such additions, betterments, extensions or improvements substantially <br />in accordance with such report and such Net Proceeds shall be applied for the payment <br />of the costs of such acquisition, and any balance of such Net Proceeds not required by <br />the City for such purpose shall be applied to prepay the Installment Payments and any <br />Parity Obligations, on a pro rata basis in the manner provided in the Installment <br />Purchase Contract and in the instruments authorizing such Parity Obligations. <br /> <br />(b) If the conditions described above are not met, then such Net Proceeds <br />shall be applied to the prepayment of Installment Payments. <br /> <br />CITY OF REDWOOD CITY PUBLIC FINANCING AUTHORITY <br /> <br />The Authority is a joint exercise of powers authority duly organized and existing under <br />the laws of the State of California and a Joint Exercise of Powers Agreement dated as of June <br />1O, 1991. The Authority was formed for the purpose of implementing the construction, <br />acquisition, maintenance and improvement of public facilities and infrastructure within the City. <br />Among the powers expressly granted to the Authority is the power to acquire property and to <br />borrow money to provide funds for the construction, acquisition, maintenance or improvement <br />of public facilities and infrastructure and to issue in its name revenue bonds to evidence the <br />indebtedness created by such borrowing. The City Council of the City acts as the governing <br />body of the Authority, and the Mayor acts as its Chairperson. <br /> <br />17 <br />