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RES 2024025
City of Pleasanton
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CITY CLERK
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RES 2024025
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5/10/2024 4:29:09 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
5/7/2024
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<br />-7- <br />amounts then held by the Trustee in the Bond Fund, is equal to the full amount of such <br />Installment Payment. The Installment Payments are secured by and payable solely from the <br />sources specified in Section 4.5. <br /> <br />(b) Effect of Prepayment. If the City prepays all remaining Installment Payments in <br />full under Section 7.2 or Section 7.3, or under the relevant provisions of any Supplemental <br />Agreement, the City’s obligations under this Agreement shall thereupon cease and terminate, <br />including but not limited to the City’s obligation to pay Installment Payments therefor under this <br />Section 4.4; provided, however, that the City’s obligations to compensate and indemnify the <br />Trustee under Sections 4.7 and 5.2 will survive such prepayment. If the City prepays the <br />Installment Payments in part but not in whole under Section 7.2 or Section 7.3, or under the <br />relevant provisions of any Supplemental Agreement, the principal component of each <br />succeeding Installment Payment will be reduced as provided in such Sections or in such <br />Supplemental Agreement, and the interest component of each remaining Installment Payment <br />will be reduced by the aggregate corresponding amount of interest which would otherwise be <br />payable with respect to the Bonds thereby redeemed under the applicable provisions of the <br />Indenture. <br /> <br />(c) Rate on Overdue Payments. If the City fails to make any of the payments <br />required in this Section 4.4 and Section 4.8, the payment in default will continue as an obligation <br />of the City until fully paid, and the City agrees to pay the same with interest thereon, from the <br />date of default to the date of payment, at the Overdue Rate. <br /> <br />(d) Assignment. The City understands and agrees that certain rights of the <br />Authority, including but not limited to the right of the Authority to receive payment of the <br />Installment Payments, have been assigned by the Authority to the Trustee in trust under the <br />Indenture, for the benefit of the Owners of the Bonds, and the City hereby consents to such <br />assignment. The Authority hereby directs the City, and the City hereby agrees, to pay to the <br />Trustee at its Principal Corporate Trust Office, all payments payable by the City under this <br />Section 4.4 and all amounts payable by the City under Article VII. <br /> <br />SECTION 4.5. Pledge and Application of Net Revenues. <br /> <br />(a) Pledge of Net Revenues. All of the Net Revenues and all moneys on deposit in <br />the Water Fund and the funds and accounts established and held by the Trustee under the <br />Indenture (other than the Project Fund and Cost of Issuance Fund) are hereby irrevocably <br />pledged, charged and assigned to the punctual payment of the Installment Payments. Such <br />pledge, charge and assignment constitute a lien on the Net Revenues and such other moneys <br />for the payment of the Installment Payments in accordance with the terms hereof, on a parity <br />with the pledge and lien which secures any Parity Debt. <br /> <br />(b) Deposit of Net Revenues Into Water Fund; Transfers to Make Payments. The <br />City will establish and hold in trust the Water Fund, for the purposes and uses set forth herein. <br />The City shall deposit all of the Gross Revenues in the Water Fund immediately upon receipt. <br />The City shall apply amounts in the Water Fund as set forth in this Agreement and any Parity <br />Debt Instruments. Amounts on deposit in the Water Fund shall be applied by the City to pay <br />when due the following amounts in the following order of priority: <br /> <br />(i) all Operations and Maintenance Costs (including amounts <br />reasonably required to be set aside in contingency reserves for Operations and
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