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RES 94045A
City of Pleasanton
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RES 94045A
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4/13/2012 4:17:17 PM
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6/15/2000 4:39:25 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/1994
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Agreement; each Verification and defeasance opinion shall be addressed to [he Authority and the <br />Trustee. <br />Notwithstanding that some Bonds may not have been surcendered for payment, all <br />obligations of the Authority and, [he Trustee under the Trust Agreement with respect to all <br />defeased Bonds shall cease and terminate, except only the obligation of the Trustee to pay or cause <br />to be paid to the Owners of [he Bonds all sums due thereon and the obligation of the City to <br />indemnify and pay the Trustee in accordance with Sections 7.02, and 7.03 and ] 0.01 hereof. <br />Any funds held by the Trustee, at the time of one of the events described above in <br />subsections (a), (b), (c) or (d), which are not requred for the payment to be made to Owners, or <br />for payments to be made [o the Trustee by [he City or the Authority, shall be paid over to the <br />Authority pursuant to written instruction from an Authorized Officer of the Authority and delivery <br />of a certificate of a certified public accountant that such funds are not required to be paid to the <br />Owners. <br />Section 9.02. Unclaimed Moneys. Anything contained herein to the contrary <br />notwithstanding, any money held by the Trustee in trust for the payment and discharge of the <br />interest or principal of the Bonds which remains unclaimed for two (2) years after the date when <br />the payments evidenced and represented by such Bonds have become payable, if such money was <br />held by the Trustee at such date, or for two (2) years after the date of deposit of such money if <br />deposited with the Trustee after the date when the interest and principal evidenced and represented <br />by such Bonds have become payable, the Trustee shall pay such amoutits to the Authority as its <br />absolute property free from trust, and the Trustee shall thereupon 6e released and dischazged with <br />respect thereto and the Owners shall look only to the Authority for interest and principal <br />represented by such Bonds; provided, however, that before being required to make any such <br />payment [o the Authority, the Tnrstee may, at the expense of the Authority, cause to be published <br />once a week for two (2) successive weeks in a financial newspaper a notice that such money <br />remains unclaimed and that after a date named in such notice, which date shall not be less than <br />thirty (30) days after the date of the first publication of such notice, the balance of such money then <br />unclaimed will be re[umed to the Authority. <br />ARTICLE XI <br />MISCELLANEOUS <br />Section 11.01. Benefits of Trust Agreement Limited to Parties. Nothing contained <br />herein, expressed or implied, is intended to give to any person other than the Authority, the Trustee <br />and the Owners any claim, remedy or right under or pursuant hereto, and any agreement, condition, <br />covenant or term contained herein required to be observed or performed by or on behalf of [he <br />Authority shall be for the sole and exclusive benefit of the Trustee and the Owners. <br />Section 11.02. Successor Deemed Included in all References to Predecessor. <br />Whenever either the Authority, the Trustee or any officer thereof is named or refereed to herein, <br />such reference shall be deemed [o include the successor to [he powers, duties and functions that are <br />presently vested in the Authority, [he Trustee or such officer, and all agreements, conditions, <br />covenants and terms required hereby to be observed or performed by or on behalf of the Authority, <br />31 <br />91a6]aILWI <br />
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