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GPFFA and City Resolution 96-58 . . RESOLUTION NO. 96 - 58 RESOLUTION AMENDING TRUST AGREEMENT CONSOLIDATED REFUNDING DISTRICT NO. 1994-1 The city Council of the City of Gilroy resolves: section 1. RECITALS. On March 21, 1994, the City Council of the city of Gilroy approved that certain Trust Agreement among the city of Gilroy, the Gilroy Public Facilities Financing Authority and Union Bank of California, N.A., as Trustee, by the adoption of Resolution No. 94-26. section 2. A~proval of Amendment to Trust Aqreement. This Council hereby approves the Amendment to the Trust Agreement revising portions of Sections 302, 303, 305 and 306 to read as follows: section 302. (2) The amount of $689,200.00 (the "Required Reserve") shall be d~posited in the Reserve Account and shall be administered in accordance with section 304 hereof. The amount in the Reserve Account may never exceed the least of the following amounts: (i) ten percent of the proceeds of the Bonds; (ii) maximum annual debt service on the Bonds, or; (iii)125% of the average annual debt service on the Bonds. section 303. (c) On December 1 of each year, the balance, if any, in the Payment Account following the disbursement pursuant to subsection (b) shall be transferred as follows: (i) first to the Reserve Account to the extent that the amount in the Reserve Account does not exceed the Required Reserve; ( ii) next to the General Fund of the City of Gilroy, in accordance with the terms outlined in the Memorandum attached hereto as Exhibit E; (iii) when all obligations of the Loan Agreement have been met, the City will instruct the Trustee to transfer funds to the Reserve Account to the extent that the amount in the Reserve Account does not exceed $861,500.00; and (iv) any remaining balance shall be transferred to the Prepayment Fund. section 305. Prepayment Fund. The Trustee shall administer the Prepayment Fund in accordance with Section 416 hereof. If the Trustee has any questions regarding the Prepayment Fund balances, such questions shall be directed to the City or its consultants in writing. RESOLUTION NO. 96 - 58 . . section 306. Investment of Fund and Account Balances. (b) The Trustee shall deposit investment earnings on all funds and accounts to the Payment Account. * * * I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gilroy, California, at a regular meeting thereof held on the 23rd day of September, 1996, by the following vote of the members thereof: AYES, and in favor, thereof, Councilmembers: GILROY, 11ORALES, ROGER: ROWLISON, SPRINGER and GAGE. NOES, councilmembers: None ABSENT, Councilmembers: VALDEZ AP;rz:RJ J. Cfr Mayor 2 .. . - .. I:XBZBZT I: The City Council has approved a temporary loan from the General Fund in the amount of $148,293, plus interest based on the City Treasurer's Investment Portfolio earnings, as identified in a statement delivered to the Trustee prior to each repayment, from the date of advance (September 2, 1994) until fully paid.