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RES 94044
City of Pleasanton
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RES 94044
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4/13/2012 4:23:28 PM
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3/2/1999 7:12:43 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/1994
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costs and expenses of such defense. Any and all special 'obligations of the City under this Section <br />shall be and remain valid and binding special obligations of the City notwithstanding the payment <br />in full of the Installment Payments and the termination of this Installment Purchase Contract. <br /> Section 5.19. Further Representations, Covenants and Warranties of the City. <br /> The City represents, covenants and warrants to the Authority as follows: <br /> (a) The City is a duly organized and validly existing body corporate and <br />politic of the State of California. <br /> (b) The Constitution and the laws of the State of California authorize the <br /> City to enter into the Installment Purchase Contract and the Conveyance Agreement and to <br /> enter into the transactions contemplated thereby and to carry out its obligations under each of <br /> the aforesaid agreements, and the City has duly authorized and executed each of the aforesaid <br /> agreements in accordance with the laws of the State of California. <br /> (c) Neither the execution and delivery of the Installment Purchase Contract <br /> or the Conveyance Agreement nor the fulfillment of or compliance with the terms and <br /> conditions hereof or thereof, nor the consummation of the transactions contemplated hereby <br /> or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any <br /> restriction or any agreement or instrument to which the City is now a party or by which the <br /> City is bound, or constitutes a default under either of the foregoing, or results in the creation <br /> or imposition of any lien, charge or encumbrance whatsoever upon any of the property or <br /> assets of the City. <br /> <br /> (d) The City has duly authorized and executed this Installment Purchase <br /> Contract and the Conveyance Agreement in accordance with the laws of the State of <br /> Califomia. <br /> (e) The City is empowered to set rates and charges for Water Service <br /> provided to the users of the Enterprise without review or approval by any state or local <br /> governmental agency. <br /> (f) This Installment Purchase Contract and the pledge of Net Revenues is a <br /> first lien and pledge on Net Revenues. <br /> Section 5.20. Representations, Covenants and Warranties of the Authority. <br /> The Authority represents, covenants and warrants to the City as tbllows: <br /> (a) The Authority is a joint powers authority duly organized, existing and in <br /> good standing under and by virtue of the laws of the State of California; has .power to enter <br /> into the Installment Purchase Contract, the Conveyance Agreement and the Trust Agreement; <br /> <br /> 18 <br /> <br /> 9406701W.LA 1 <br /> <br /> <br />
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