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AgdaPkt 2003-11-03
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AgdaPkt 2003-11-03
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Last modified
6/2/2011 2:05:52 PM
Creation date
10/31/2003 8:05:46 AM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council
Date
11/3/2003
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q,03(0 <br />SECURITY AND SOURCES OF PAYMENT FOR THE BONDS <br />Revenues <br />The Bonds are special limited obligations of the Authority, payable st lely from and <br />secured by Revenues (as defined herein) of the Authority consisting primarily of Lease <br />Payments received by the Authority from the City. The Lease Payments are due under the <br />Lease Agreement on the payment date or prepayment date of such Bond, and the interest <br />component of all Lease Payments (based on the stated interest rate with respect to such Bond) <br />Under the Indenture, "Revenues" are defined as (a) all amounts received by the <br />Authority or the Trustee pursuant to or with respect to the Lease Agreement, including, without <br />limiting the generality of the foregoing, all of the Lease Payments (including both timely and <br />delinquent payments and any late charges), prepayments of Lease Payments, insurance <br />proceeds and condemnation proceeds deposited in the Insurance and Condemnation Fund, but <br />excluding any Additional Payments, and (b) all interest, profits or other income derived from <br />the investment of amounts in any fund or account established pursuant to the Indenture. <br />The obligation of the Authority to pay principal of and interest on the Bonds and the <br />other amounts due under the Indenture is a special obligation of the Authority payable solely <br />from the moneys legally available therefor under the indenture, and does not constitute a debt <br />of the Authority or of the State of California or of any political subdivision thereof within the <br />meaning of any constitutional or statutory debt limitation or restriction. <br />The Authority, pursuant to the Indenture, transfers in trust, grants a security interest in <br />and assigns to the Trustee, for the benefit of the Owners from time to time of the Bonds, all of <br />the Revenues and all of the right, title and interest of the Authority in the Lease Agreement <br />(except for the right to receive any Additional Payments to the extent payable to the Authority <br />and certain rights to indemnification set forth therein). The City will pay Lease Payments <br />directly to the Trustee, as assignee of the Authority. The Lease Payments will be deposited into <br />the Lease Payment Account and the Redemption Account within the Payment Fund created <br />under the Indenture. The Trustee shall transfer the money contained in the Lease Payment <br />Account and the Redemption Account to pay in full principal of and interest on the Bonds on <br />each Interest Payment Date. <br />All moneys in the Lease Payment Account shall be used and withdrawn by the Trustee <br />solely for the purpose of paying principal of and interest on the Bonds on each Interest Payment <br />Date or mandatory redemption dates, as applicable. <br />Lease Payments <br />For the right to the use and occupancy of the Leased Property, the Lease Agreement <br />requires the City to make Lease Payments. Scheduled Lease Payments relating to the Bonds are <br />due on the first day of the month prior to each Interest Payment Date and are set forth above <br />under the heading "LEASE PAYMENT SCHEDULE." The Lease Agreement provides that the <br />amount of Lease Payments will be subject to abatement during any period in which by reason of <br />damage or destruction there is substantial interference with the use and occupancy by the City <br />of the Leased Property or any portion thereof. See "Abatement" below. <br />THE OBLIGATION OF THE CITY TO MAKE THE LEASE PAYMENTS DOES NOT <br />CONSTITUTE A DEBT OF THE CITY OR THE STATE OR OF ANY POLITICAL <br />SUBDIVISION THEREOF WITHIN THE MEANING OF ANY CONSTITUTIONAL OR <br />STATUTORY DEBT LIMIT OR RESTRICTION, AND DOES NOT CONSTITUTE AN <br />-10- <br />
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