AgdaPkt 2019-05-20 Joint SA PFA - Laserfiche WebLink

Browse Search

8.A. - Page 26 of 73 EXHIBIT A Attachment C Stradling Yocca Carlson & Rauth Draft of 5/10/19 AMENDMENTS APPLICABLE ONLY TO THE WIFIA LOAN AND THE WIFIA LENDER Amendment to Definition of "SBSA Bond Payments." Solely with respect the WIFIA Loan and the WIFIA Lender, the Authority and the City hereby agree that the definition of "SBSA Bond Payments" in the Financing Agreement is amended and restated as follows: "SBSA Bond Payments" means the amounts paid or payable by the City under this Agreement representing payments of principal of, and interest and premium (if any) on, the Allocable Share of the Bonds." ATTACHMENT F. REDWOOD CITY DEBT DISCLOSURE POLICY 2019.PDF Amendment to Definition of "Bond Trustee." Solely with respect the WIFIA Loan and the WIFIA Lender, the Authority and the City hereby agree that the definition of "Bond Trustee" in the Financing Agreement is amended and restated as follows: "Bond Trustee" means, with respect to any series of Bonds, the entity which acts as trustee or fiscal agent for such Bonds, and with respect to the WIFIA Loan, the entity which acts as paying agent for the WIFIA Loan." Amendment to Section 3(e) of the Financing Agreement. Solely with respect the WIFIA Loan and the WIFIA Lender, the Authority and the City hereby agree that the following sentence shall be added as the last sentence of Section 3(e): "The Authority hereby directs the City to pay the SBSA Bond Payments for the WIFIA Loan directly to the Bond Trustee, in its capacity as paying agent for the WIFIA Loan, to be applied by the Bond Trustee solely to repay the WIFIA Loan. The WIFIA Lender may charge certain fees and expenses to the Authority under the WIFIA Loan Agreement. The City and the Authority acknowledge that the City's Allocable Share of such fees and expenses and default interest, if any, will be charged by the Authority to the City in accordance with the Joint Powers Agreement." Amendments to Section 5 of the Financing Agreement. Solely with respect the WIFIA Loan and the WIFIA Lender, the Authority and the City hereby agree that the second paragraph of Section 5 of the Financing Agreement is amended and restated as follows: "The obligations of the City to pay the SBSA Bond Payments from the Net Revenues and to perform and observe the other agreements contained herein are absolute and unconditional and are not subject to any defense or any right of set-off, counterclaim or recoupment arising out of any breach by the Authority of any obligation to the City or otherwise with respect to the Sewer Utility System, the WIFIA Project, the Authority's wastewater system or the Authority's 10 -Year Capital Improvement Program, whether hereunder or otherwise, or out of indebtedness or liability at any time owing to the City by the Authority. Until all of the SBSA Bond Payments are fully paid or prepaid, the City will (a) not suspend or discontinue payment of any SBSA Bond Payments, (b) perform and observe all other agreements contained in this Agreement, and (c) not terminate this Agreement for any cause, including, without limiting the generality of the foregoing, the occurrence of any acts or circumstances that may constitute failure of consideration, eviction or constructive eviction, destruction of or damage to the Sewer Utility System, the WIFIA Project or A-1 540