Agmt09 San Francisco City and County of Water Sales Agreement

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A TT ACHMENT L-2 CONTINUED (vi) The Trustee will transfer and deposit the proceeds of the 2006 Refunding Series B Bonds received by the Trustee on the date hereof as follows: (1) $192,498.04 will be deposited in the 2006 Refunding Series B Costs of Issuance Fund; and (2) $1"11,178,241.95 win be deposited in the 2006 Refunding Series B Refunding Fund. (vii) The proceeds of the Bonds deposited in the 2006 Refunding Series B Refunding Fund, together with amounts on deposit in the funds and accounts established under the Indenture for the Commission's San Francisco Water Revenue Bonds, 1996 Series A (the "1996 Series A Bonds") and its San Francisco Water Revenue Bonds, 2001 Series A (the "2001 Series A Bonds"), will be used to refund on an advance basis a portion of the outstanding 1996 Series A Bonds and a portion of the outstanding 2001 Series A Bonds. The portion of the 1996 Series A Bonds being refunded were issued to finance the facilities (the "t996 Project") described in Exhioit e hereto, and the portion of the 2001 Serie$ABon<d$<bein.g refunded were used to finanCe the facilities (the '12001 Project") described in Exhibit B hereto. (viii) Exhibit C hereto attached describes (A) each uSe to be 'made by any person ,of the Project', the 1996 Project and the 2001 Project other than use by the Commission and other non-federal governmental units and other than use by members of the public generally, and (B) payments (if any) directly or indirectly in respect of such use which are to be made after the date hereof; (ix) Other than as set forth in Exhibit A and Exhibit B, no portion of the proceeds of the Bonds will be used, dire,cUyor indirectly, to make or finance a loan to any person (other than a. Stpte or local government unit} at to acquire property which will peSOld or .leased to any person (other thana state or local government unit) on an installment a sale basis except as refer~nced in ExhlbitC. (x) The Commission expects to use the Project for the purposes referenced and discussed in Exhibit A, Exhibit B, Exhibit C and Exhibit D or for Dthergovernmental purposes of the Commission during the entire term of the Bonds. , (xi) Set forth on Exhibit D is the Commission's methodology for determining governmental use and private use with respect to the water enterprise: (xii) To the best knowledge of the undersigned, the above statements are reasonable and there are no other facts, estimates or circumstances, other than those set forth herein, that would materiallyaffe~tthe statements made herein. Capitalized terms used but not defined herein have the meanings set forth in the Indenture. IN WITNESS WHEREOF, I have hereunto set my name this 15th day of March, 2006. PUBLIC UTILlTIFS..cBMty1ISSION OF THE CITY AND WONTY o.PSAN FRANCISCO (~/ ","'. ,/ I " / / '. .-' / .- v/:, . By: / Gener~1 Manager // 2/