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RES 87418
City of Pleasanton
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RES 87418
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
9/15/1987
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of Capital Project I, and that no Event of Default (as that <br />term is defined in Section 11 of the Facility Lease) has <br />occurred and is continuing. <br /> <br /> Upon receipt of each such Written Request and <br />accompanying Certificates, the Trustee will pay the amount set <br />forth in such Written Request as directed by the terms <br />thereof. The Trustee need not make any such payment if it has <br />received notice of any lien, right to lien or attachment upon, <br />or claim affecting the right to receive payment of, any of the <br />moneys to be so paid, which has not been released or will not <br />be released simultaneously with such payment. <br /> <br /> When Capital Project I shall have been completed, a <br />Certificate of Completion, together with an Inspectors' <br />Certificate stating the fact and date of such completion, <br />shall be delivered to the Trustee by the Corporation stating <br />that all such costs of construction and incidental expenses <br />have been determined and paid (or that all of such costs and <br />expenses have been paid less specified claims which are <br />subject to dispute and for which a retention in the <br />Acquisition and Construction Fund is to be maintained in the <br />full amount of such claims until such dispute is resolved). <br />Upon the receipt of the Certificate of Completion, the Trustee <br />shall transfer any remaining balance in the Acquisition and <br />Construction Fund and not needed for Acquisition and <br />Construction Fund purposes (but less the amount of any such <br />retention) to the Certificate Reserve Fund established under <br />the Facility Lease to the extent necessary to make the amount <br />on deposit therein equal the Certificate'Reserve Fund <br />Requirement (as such term is defined in the Facility Lease) <br />and shall transfer any excess to the City. <br /> <br /> ARTICLE IV <br /> PREPAYMENT OF CERTIFICATES <br /> <br /> SECTION 4.01. Terms of Prepayment. (a) The <br />Certificates are subject to prepayment on any date prior to <br />their respective Certificate Payment Dates, upon notice as <br />hereinafter provided, as a whole, or in part by lot within <br />each Certificate Payment Date so that the aggregate annual <br />amounts of principal represented by the Certificates which <br />shall be payable after such prepayment date shall correspond <br />to the principal component of the reduced Base Rental <br />resulting from a casualty loss or governmental taking of the <br />Demised Premises and Capital Projects I and II or portions <br />thereof, from prepaid Base Rental Payments made by the City <br />from funds received by the City due to such casualty loss or <br />governmental taking, if such amounts are not used to repair or <br />replace the Demised Premises and Capital Projects I and II in <br /> <br /> 26 <br />1451S <br /> <br /> <br />
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