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8.A. - Page 69 <br /> LIMITATIONS ON APPROPRIATIONS AND FEES—Proposition 218" and "—Effect of <br /> Proposition 218 and of Possible General Limitations on Enforcement Remedies." <br /> Termination of Reserve Fund <br /> Certain proceeds of the Bonds have been used to establish a Reserve Fund for the Bonds <br /> (see "ESTIMATED SOURCES AND USES OF FUNDS" and "SECURITY FOR THE BONDS— <br /> Reserve Fund" herein), and a reserve fund was also established in connection with the <br /> execution and delivery of the 2013 Bonds and the 2007 Bonds. In the event the 2007 Bonds are <br /> no longer outstanding or the documents relating to the 2007 Bonds are amended to delete the <br /> requirement of a reserve fund for the 2007 Bonds, the Reserve Fund for the Bonds may be <br /> terminated in the sole discretion of the Authority. Under such circumstances, in the event of a <br /> failure by the City to pay Installment Payments when due, no other source of funds will be <br /> available to make such payments while the Trustee pursues available remedies under the 2015 <br /> Installment Purchase Contract and the Indenture. <br /> Insurance <br /> The 2015 Installment Purchase Contract obligates the City to obtain and keep in force <br /> various forms of insurance or self-insurance, subject to deductibles, for repair or replacement of <br /> a portion of the Enterprise in the event of damage or destruction to such portion of the <br /> Enterprise. The City expects to self-insure a portion of the risk of loss as permitted by the 2015 <br /> Installment Purchase Contract. No assurance can be given as to the adequacy of any such self- <br /> insurance or any additional insurance to fund necessary repair or replacement of any other <br /> portion of the Enterprise. Significant damage to the Enterprise could result in a lack of the <br /> ability to generate sufficient Net Revenues to repay the Bonds. The City does not, and does not <br /> expect to, maintain earthquake insurance on the Enterprise. <br /> Tax Exemption <br /> The Authority and the City have covenanted that they will take all actions necessary to <br /> assure the exclusion of interest with respect to the Bonds from the gross income of the Owners <br /> of the Bonds to the same extent as such interest is permitted to be excluded from gross income <br /> under the Internal Revenue in the gross income of the Owners thereof for federal tax purposes. <br /> See "TAX MATTERS." See also "TAX MATTERS—Changes in Federal and State Tax Law." <br /> Parity Obligations <br /> As described in "SECURITY FOR THE BONDS—Parity Obligations" above, the 2015 <br /> Installment Purchase Contract permits the City to issue or incur Parity Obligations which <br /> would be payable from Net Revenues on a parity with the payment of the 2015 Installment <br /> Payments. In the event of a decline in Net Revenues available to pay the 2015 Installment <br /> Payments, the existence of Parity Obligations could adversely affect the City's ability to pay the <br /> 2015 Installment Payments. <br /> Secondary Market <br /> There can be no guarantee that there will be a secondary market for the Bonds or, if a <br /> secondary market exists, that any Bonds can be sold for any particular price. Occasionally, <br /> because of general market conditions or because of adverse history or economic prospects <br /> connected with a particular issue, secondary marketing practices in connection with a particular <br /> issue are suspended or terminated. Additionally, prices of issues for which a market is being <br /> made will depend upon then-prevailing circumstances. Such prices could be substantially <br /> different from the original purchase price. <br /> -45- <br />