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SA-3 - RESO TAX ALLOCATION BOND
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07/17/2018
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SA-3 - RESO TAX ALLOCATION BOND
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7/12/2018 5:35:37 PM
Creation date
7/12/2018 5:27:26 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
SA-3
Date
7/17/2018
Destruction Year
2023
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Increment Fund" (hereinafter called the "Tax Increment Fund'), which is hereby created by the <br />Agency and which fund the Agency hereby covenants and agrees to maintain with the Trustee so <br />long as any Bonds shall be Outstanding hereunder or amounts are owed to the 2018 Bond Insurer <br />or the issuer of the 2018 Reserve Policy, to the Trustee for the benefit of the 2018 Bond Insurer, <br />the issuer of the 2018 Reserve Policy and the Owners of the Outstanding Bonds. <br />Notwithstanding the foregoing, there shall not be deposited with the Trustee for deposit <br />in the Tax Increment Fund any taxes eligible for allocation to the Agency pursuant to the Law in <br />an amount in excess of that amount which, together with all money then on deposit with the <br />Trustee in the Tax Increment Fund and the accounts therein, shall be sufficient to discharge all <br />Outstanding Bonds as provided in Article X hereof. No additional bonds payable from Tax <br />Revenues on a basis senior to or on a parity with the Bonds will be issued except pursuant to <br />Article IV of the Indenture. <br />The Agency covenants and agrees that all Tax Revenues when and as received, will be <br />received by the Agency in trust hereunder and will be transferred to the Trustee within a <br />reasonable period of time from the receipt by the Agency thereof, for deposit by the Trustee in <br />the Tax Increment Fund and will be accounted for through and held in trust in the Tax Increment <br />Fund, and the Agency shall have no beneficial right or interest in any of such money, except only <br />as specifically provided otherwise in the Indenture. All such Tax Revenues, whether received by <br />the Agency and held in trust pending transfer or deposited with the Trustee, all as herein <br />provided, shall nevertheless be disbursed, allocated and applied solely to the uses and purposes <br />hereinafter set forth in the Indenture, and shall be accounted for separately and apart from all <br />other money, funds, accounts or other resources of the Agency. Any Tax Revenues received by <br />the Trustee in the Tax Increment Fund (other than amounts deposited in the Reserve Account) in <br />excess of the amounts required to be held by the Trustee in the Tax Increment Fund shall be <br />released from the pledge and lien hereunder and transferred to the Agency and may be used for <br />any lawful purpose of the Agency. <br />Pursuant to the laws of the State of California, including California Health and Safety <br />Code Sections 34183 and 34170.5(b), the County Auditor -Controller is obligated to deposit the <br />Tax Revenues into the Redevelopment Property Tax Trust Fund. In furtherance of this Section <br />5.01 and the Dissolution Act, and in accordance with the County Auditor -Controller's <br />obligations as set forth in California Health and Safety Code Section 34183, the Agency shall <br />take all steps to ensure that the County Auditor -Controller (1) deposits the Tax Revenues into the <br />Redevelopment Property Tax Trust Fund, (2) allocates funds for the principal and interest <br />payments due on the Outstanding Bonds and any Parity Debt and any deficiency in the Reserve <br />Account (including amounts due to the issuer of the 2018 Reserve Policy) pursuant to each valid <br />Recognized Obligation Payment Schedule in accordance with the Dissolution Act and as <br />provided in this Section 5.01, and (3) make the transfers to the Trustee required under Section <br />5.02 of the Indenture. <br />The Agency will take all actions required under the Dissolution Act to include on its <br />ROPS the amounts described below to be transmitted to the Trustee for the applicable ROPS <br />Period in order to satisfy the requirements of the Indenture, including any amounts required to <br />pay principal and interest payments due on Outstanding Bonds and any Parity Debt, any <br />Compliance Costs, any deficiency in the Reserve Account to the full amount of the Reserve <br />4150-2542-5420.3 27 <br />40990-25 <br />SA -3-45 <br />
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