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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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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/1994
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(d) If on any Payment Date amounts on hand in the Payment Fund are <br />insufficient to pay the full amount of principal and interest [hen due and payable with respect <br />to the Bonds, the Trustee shall apply such amounts firs[ to the payment of interest past due, <br />pro rata if necessary, and second to the payment of principal past due, pro rata, if necessary. <br />Section 302. Application of Delivery Costs Fund. <br />(a) The Tmstee shall disburse funds from the Delivery Costs Fund only <br />upon receipt of a signed requisition approved by the Authorized Officer of the Authority and <br />accompanied by an invoice or statement for each such amount. <br />(b) Upon payment of all Delivery Costs, which shall be determined by a <br />certificate to that effect by an Authorized Officer of the Authority delivered to the Trustee, or <br />upon the date occurring three (3) months after the Closing Date, whichever occurs first, the <br />Trustee shall transfer all funds remaining in the Delivery Costs Fund to the Payment Fund, <br />and the Delivery Costs Fund shall thereupon be closed. <br />Section 303. Application of Insurance and Condemnation Fund. <br />All Net Proceeds of insurance or eminent domain proceedings with respect to <br />the Project which are received by the Trustee shall be deposited in the Insurance and <br />Condemnation Fund. The Trustee shall promptly give written notice of the receipt of Ne[ <br />Proceeds to the City. <br />A. Apnlication of Proceeds of Insurance. <br />The Net Proceeds of any insurance or awazd paid with respect to the Project <br />resulting from any damage or destruction to such Project shall be promptly deposited with the <br />Trustee in the Insurance and Condemnation Fund. Within one hundred and twenty (120) days <br />of such deposit the City shall certify in writing to the Trustee (a) as to whether [he Project has <br />been damaged or destroyed in whole or in part, (b) as to whether Net Proceeds are to be <br />utilized for the repair, replacement or improvement of all or specified components (the <br />"Repairable Components") of the damaged or destroyed portion of such Project and, if so, that <br />sufficient funds, together with the Net Proceeds related to the Repairable Components, have <br />been appropriated to pay the total costs of such repair, replacement or improvement, and (c) <br />as to whether repair, replacement or improvement of all or specified components (the <br />"Unrepaimble Components") of the damaged or destroyed portion of such Project is not <br />economically feasible or in the best interest of the City; provided that if the Project has been <br />damaged or destroyed in whole, the City shall not certify that repair, replacement or <br />improvement of all of the Project is not economically feasible or in the best interest of the City <br />unless the Net Proceeds, together with funds then on hand in the Payment Fund and Reserve <br />Fund are sufficient to prepay all of the Lease Payments. If such certification is to the effect <br />that Net Proceeds are to be utilized for the repair, replacement or improvement of Repairable <br />Components and that sufficient funds, together with the Net Proceeds related to such <br />10 <br />94a6YnIM.LAI <br />
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