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AgdaPkt 2003-07-28
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AgdaPkt 2003-07-28
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Last modified
6/2/2011 2:34:19 PM
Creation date
7/24/2003 1:52:17 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
7/28/2003
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F. A -30 <br />In the event that the Book -Entry System is discontinued, the following provisions would also <br />apply: (i) the Bonds will be made available in physical form, (11) principal of, and redemption <br />premiums, if any, on, the Bends will be payable upon surrender thereof at the corporate trust office of <br />the Fiscal Agent in San Frandsco, California, (iii) interest on the Bonds will be payable by check mailed <br />by first -class mail or, upon the written request of atry Owner of $1,000,000 or more in aggregate <br />principal amount of Bonds received by the Fiscal Agent on or prior to the 15th day of the calendar <br />month immediately preceding the interest payment date, by wire transfer in immediately available <br />funds to an account with a financial institution within the continental United States of America <br />designated by such Owner, and (iv) the Bonds will be transferable_ and exchangeable as provided in the <br />Fiscal Agent Agreement <br />SECURITY FOR THE BONDS <br />General <br />The Bonds are secured by a first pledge of all of the Net Taxes, and all amounts in the Special <br />Tax Fund (other than amounts in the Administrative Expense Account of the Special Tax Fund). The <br />Net Taxes and other amounts in the Special Tax Fund (exclusive of the Administrative Expense <br />Account) are pledged in the Fiscal Agent Agreement to the payment of the principal of, premium, if <br />any, and interest on the Bonds. Such pledge constitutes a first lien on such assets. Amounts in the <br />Special Tax Fund (other than the Administrative Expense Account therein) constitutes a trust fund <br />held for the benefit of the Owners to be applied to the payment of the interest on and principal of the <br />Bonds and so long as any of the Bonds or interest thereon remains outstanding. Pursuant to the Act <br />and the Fiscal Agent Agreement, the District covenants to levy the Special Tax in an amount sufficient, <br />together with other amounts on deposit in the Special Tax Fund, to pay (1) the principal (including <br />Sinking Fund Payments) of and interest on the Bonds when due, (2) to the extent permitted by law, the <br />Administrative Expenses, and (3) any amounts required to replenish the Reserve Account of the <br />Special Tax Fund to the Reserve Requirement <br />"Net Taxes" are defined in the Fiscal Agent Agreement to means Gross Taxes (exclusive of any <br />penalties and interest accruing with respect to delinquent Special Tax installments) minus amounts set <br />aside to pay Administrative Expenses. "Gross Taxes" means the amount of all Special Taxes received <br />by the District, excluding the Special Taxes prepaid by Oracle, together with the proceeds collected <br />from the sale of property pursuant to the foreclosure provisions of the Fiscal Agent Agreement for the <br />delinquency of such Special Taxes remaining after the payment of all the costs related to such <br />foreclosure actions, including, but not limited to, all legal fees and expenses, court costs, consultant and <br />title insurance fees and expenses. <br />Amounts in the Administrative Expense Fund, the Rebate Fund, the Costs of Issuance Account, <br />and the Project Account are not pledged to the repayment of the Bonds. The portion of the Project <br />acquired with the proceeds of the Bonds is not in any way pledged to pay the debt service on the <br />Bonds. Any proceeds of condemnation or destruction of any facilities financed with the proceeds of <br />the Bonds are not pledged to pay the debt service on the Bonds and are free and clear of any lien or <br />obligation imposed under the Fiscal Agent Agreement <br />THE BONDS DO NOT CONSTITUTE OBLIGATIONS OF THE CITY OR OF THE DISTRICT <br />FOR WHICH THE CITY OR THE DISTRICT IS OBLIGATED TO LEVY OR PLEDGE, OR HAS <br />LEVIED OR PLEDGED, GENERAL OR SPECIAL TAXES, OTHER THAN THE SPECIAL TAXES <br />REFEREN HEREIN. THE BONDS ARE LIMITED OBLIGATIONS OF THE DISTRICT PAYABLE <br />FROM PROCEEDS OF THE SPECIAL TAXES AND OTHER AMOUNTS PLEDGED UNDER THE <br />FISCAL AGENT AGREEMENT BUT ARE NOT A DEBT OF THE CITY OF REDWOOD CITY, THE <br />-13- <br />
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