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Res13 15263
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Res13 15263
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Last modified
8/28/2013 12:22:50 PM
Creation date
5/23/2013 9:38:47 AM
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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
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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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