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Res13 15263
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Res13 15263
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Last modified
10/11/2019 7:49:21 AM
Creation date
10/11/2019 7:49:02 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Public Finance Authority
Date
5/20/2013
Description
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY AUTHORIZING PROCEEDINGS AND AGREEMENTS RELATING TO THE REFINANCING AND FINANCING OF CERTAIN WATER FACILITIES, APPROVING ISSUANCE AND SALE OF BONDS BY THE CITY OF REDWOOD CITY PUBLIC FINANCING AUTHORITY, APPROVING AN OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS
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Section 3.11. Receivt and Deposit of Revenues. <br /> The Authority hereby transfers in trust, grants a security interest in and assigns to the <br /> Trustee, for the benefit of the Owners from time to time of the Bonds, all of the Revenues and all <br /> of the right, title and interest of the Authority in the Installment Purchase Contract (except for <br /> certain rights to indemnification set forth therein). Such assignment is to the Trustee solely in its <br /> capacity as Trustee hereunder and not in its individual or personal capacity and is subject to the <br /> provisions of this Indenture. In acting pursuant to such assignment, the Trustee is entitled to all <br /> of the protections, limitations from liability and indemnities provided it hereunder. The Trustee <br /> shall be entitled to and shall collect and receive all of the Revenues, and any Revenues collected <br /> or received by the Authority shall be deemed to be held, and to ha�e been collected or received, <br /> by the Authority as the agent of the Trustee and shall fortfiwith be paid by the Authority to the <br /> Trustee. The Trustee also shall be entitled to and shall, subject to the provisions of Article VII, <br /> take all steps, actions and proceedings which the Trustee determines to be reasonably necessary <br /> in its judgment to enforce, either jointly with the Authority or separately, all of the rights of the <br /> Authority and all�f the obligations of the City under the Installment Purchase Contract. <br /> The parties hereto acknowledge that although all Bonds are secured equally and ratably <br /> by the Revenues, moneys with respect to obligations other than the Bonds may be held by the <br /> Trustee or by trustees other than the Trustee under documents and agreements other than the <br /> Indenture, and the Indenture imposes no obligations upon the Trustee with respect to such other <br /> obligations. The Authority shall make such transfers necessary to effectuate such obligations' <br /> parity claim on such Revenues contemplated hereby. <br /> Section 3�.12. Liability of Authority Limited. Notwithstanding anything contained herein, <br /> the Authority shall not be required to advance any moneys derived from any source of income <br /> other than Revenues legally. available therefor and the other funds provided herein for the <br /> payment of the Installment Payments or for the performance of any agreements or covenants <br /> contained herein required to be performed by it. The Authority may, however, but shall not be <br /> required to, advance moneys for any such purpose so long as such moneys aze derived from a <br /> source legally available for such purpose and may be legally used by the Authority for such <br /> purpose. <br /> The obligation of the Authority to pay principal of and interest on the Bonds and the other <br /> amounts due hereunder is a special obligation of the Authority payable solely from the moneys <br /> legally available therefor hereunder; and does not constitute a debt of the Authority or of the <br /> State of Califomia or of any political subdivision thereof within the meaning of any <br /> constitutional or statutory debt limitation or restriction. <br /> -24- <br /> 338471 l.DOC <br />
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