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Res 2008-012
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Res 2008-012
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Last modified
6/29/2009 9:32:11 AM
Creation date
1/22/2008 2:38:53 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2008-12
Date
1/15/2008
Volume Book
174
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Payments on its series of Bonds. No Sponsoring Public Entity shall have any liability or <br />responsibility for any Bond Payments on a series of Bonds issued for another Sponsoring Public <br />Entity. In consideration of the covenants and agreements set forth in this Contract, and to enable <br />the Agency to issue the Bonds to carry out the intents and purposes hereof, this Contract is <br />executed to assure the issuance of the Bonds and to provide for and ensure the due and punctual <br />payment to the Agency or to the Trustee by each Sponsoring Public Entity for which the Agency <br />has issued a series of Bonds, of amounts not less than the Annual Payment Amounts on a series <br />of Bonds issued for a particular Sponsoring Public Entity. Each of the Sponsoring Public <br />Entities hereby agrees to make, or cause to be made, its respective Annual Payment Amount, as <br />and when due, for the benefit of the owners of the Bonds, as provided in the Bonds and the Bond <br />Resolution. <br />(b) The proceeds from the sale of the Bonds, together with any cash received from a <br />Sponsoring Public Entity, will be used for the payment of the Project Costs. The Bonds will be <br />issued by the Agency in the amount anticipated to be required to acquire and construct the <br />Project, including payment of all Project Costs advanced by one or more of the Sponsoring <br />Public Entities and incurred by the Agency prior to the date of issuance of the Bonds, and to <br />fund, to the extent deemed advisable by the Agency, a debt service reserve fund and interest on <br />the Bonds during construction and for up to one year after the Completion Date. However, each <br />Sponsoring Public Entity reserves the right to pay cash to the Agency for its share of the Project <br />Costs rather than have the Agency issue Bonds on its behalf. <br />(c) <br />(i) Each Bond Resolution of the Agency shall specify the maximum <br />principal amount of the Bonds to be issued thereunder. The Bonds shall mature <br />not more than forty (40) years from the date of such Bonds and shall bear interest <br />at not to exceed the maximum legal rate then permitted by law, and the Bond <br />Resolution may create and provide for the maintenance of a revenue fund, an <br />interest and sinking fund, a debt service reserve fund, and any other funds deemed <br />prudent by the Agency, all in the manner and amounts as provided in such Bond <br />Resolution. <br />(ii) Prior to the final adoption of a Bond Resolution or any amendment <br />of a Bond Resolution by the Agency's Board of Directors or the execution of an <br />Approval Certificate by the Agency, a substantially final copy of the proposed <br />Bond Resolution for the applicable Sponsoring Public Entity, the Approval <br />Certificate, if any, any Credit Agreements and the Sale and Offering Documents <br />shall be presented to the applicable Sponsoring Public Entity for review and <br />approval. <br />(iii) Upon approval by the Sponsoring Public Entity for which the <br />Agency issues a series of Bonds of (i) a Bond Resolution hereafter adopted by the <br />Agency for the applicable Sponsoring Public Entity, including any Credit <br />Agreements, (ii) any amendments to any Bond Resolution, (iii) an Approval <br />Certificate authorized by a Bond Resolution, and (iv) the Sale and Offering <br />Documents, and the delivery to the Agency of a certification signed by the <br />Authorized Representative of the respective Sponsoring Public Entity to the effect <br />that the Bond Resolution, including any Approval Certificate, and the Sete and <br />-13-
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