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07
City of Pleasanton
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CITY CLERK
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2017
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07
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2/3/2017 12:46:45 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/7/2017
DESTRUCT DATE
15Y
DOCUMENT NO
07
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Interest Account or the Principal Account, as the case may be, as defined in, created under and in <br /> accordance with the terms of, the Trust Agreement <br /> Pursuant to Section 5451 of the Government Code of the State of California, the <br /> pledge of the Net Water Revenues by the City and the Authonty for the repayment of the <br /> principal of, premium, if any, and interest components of the 2017 Installment Sale Payments <br /> constitutes a first lien and security interest which immediately attaches to such Net Water <br /> Revenues, and is effective and binding against the City, the Authority, their successors, creditors <br /> and all others asserting rights therein irrespective of whether those parties have notice of the <br /> pledge, irrespective of whether such amounts are or may be deemed to be a fixture and without <br /> the need for physical delivery, recordation, filing or further act <br /> SECTION 3 03 Prepayment of 2017 Installment Sale Payments <br /> (a) The City may prepay from the Net Proceeds on any date all or any part of <br /> the principal amount of the unpaid 2017 Installment Sale Payments within each principal <br /> payment date in integral multiples of five thousand dollars ($5,000) so that the aggregate annual <br /> amounts of principal which shall be payable hereunder after such prepayment date shall be as <br /> nearly proportional as practicable to the aggregate annual amounts of the principal then payable <br /> hereunder, at a prepayment price equal to the sum of the principal amount prepaid plus accrued <br /> interest thereon to the date of prepayment. <br /> (b) Before making any prepayment pursuant to this section, the City shall give <br /> written notice to the Authority and the Trustee describing such event and specifying the date on <br /> which the prepayment will be paid and the order thereof, which date shall be not less than thirty <br /> (30) days nor more than sixty (60) days from the date such notice is given, provided, that <br /> notwithstanding any such prepayment, the City shall not be relieved of its obligations hereunder, <br /> including specifically its obligations under this article, until the Purchase Price shall have been <br /> fully paid (or provision for payment thereof shall have been made pursuant to Article VII) <br /> ARTICLE IV <br /> ADDITIONAL BONDS AND CONTRACTS <br /> SECTION 4 01 Additional Bonds and Contracts The City may at any time (i) <br /> issue any Bonds the payments under and pursuant to which, or (ii) execute any Contract the <br /> Installment Sale Payments under and pursuant to which, as the case may be, are payable from the <br /> Net Water Revenues in the Water Revenue Fund on a panty with the payment by the City of the <br /> 2017 Installment Sale Payments as provided herein, provided, that prior to the issuance of such <br /> Bonds or the execution and delivery of such Contract the City shall file a written certificate of <br /> the City with the Authority and the Trustee to the effect that <br /> (a) the City is in compliance with all agreements and covenants contained <br /> herein, and <br /> (b) the audited Net Water Revenues for the Fiscal Year next preceding the <br /> date of the adoption by the City Council of the City of the resolution authorizing the issuance of <br /> such Bonds or the execution of such Contract, as the case may be (as evidenced by a calculation <br /> 9 <br /> 2762682 3 <br />
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