Laserfiche WebLink
12/03/2012 <br />"SECURITY FOR THE BONDS—Summary of Rate and Method") in order to cover <br />delinquencies in the payment of Special Taxes on other Taxable Parcels, there could be a delay <br />in collections of Special Taxes or an unwillingness by property owners to pay Special Taxes <br />when due. See "THE DISTRICT -M ---Development in the District." <br />Payment of the Special Tax is not a Personal Obligation <br />The owners of the Taxable Parcels in the District are not personally obligated to pay the <br />Special Tax. Rather, the Special Tax is an obligation that is secured only by a lien against the <br />Taxable Parcels on which it is levied. If the value of the Taxable Parcels is not sufficient to <br />secure fully the payment of the Special Tax, the City has no recourse against the landowners. <br />A property owner may be less willing to pay Special Taxes levied on a Taxable Parcel if the <br />total liabilities associated with that property exceed the value of the property. <br />No General Obligation of the City or the District <br />The City's obligations under the Bonds and under the Fiscal Agent Agreement are <br />limited obligation.-, of the City on behalf of the District and are payable solely from and <br />secured solely by the Special Tax Revenues (other than the Annual Administrative Expense <br />Deposit) and amounts in the Special Tax Fund, the Bond Fund and the Reserve Fund. The <br />Bonds are neither general or special obligations of the City nor general obligations of the <br />District, but are limited obligations of the City for the District payable solely from the revenues <br />and funds pledged therefor under the Fiscal Agent Agreement. None of the faith and credit of <br />the District, the City or the State of California or of any of their respective political <br />subdivisions is pledged to the payment of the Bonds. <br />Property Value <br />If a landowner defaults in the payment of the Special Tax, the only legal remedy is the <br />institution of a superior court action to foreclose on the delinquent taxable parcel in an attempt <br />to obtain funds with which to pay the Special Tax. The value of the Taxable Parcels in the <br />District could be adversely affected by economic factors beyond the City's control, including, <br />without limitation, (i) adverse changes in local market conditions, such as changes in the <br />market value of real property in the vicinity of the District, the supply of or demand for <br />competitive properties in such area, and the market value of retail and commercial property in <br />the event of sale or foreclosure; (ii) changes in real estate tax rates and other operating <br />expenses, governmental rules (including, without limitation, zoning laws and laws relating to <br />endangered species and. hazardous materials) and fiscal policies; and (iii) natural disasters <br />(including, without limitation, wildfire, earthquakes, tsunamis and floods), which may result <br />in uninsured losses. See "SPECIAL RISK FACTORS—Natural Disasters." <br />No assurances can be given that the real property subject to a judicial foreclosure sale <br />will be sold or, if sold, that the proceeds of such sale will be sufficient to pay the delinquent <br />Special Tax installment. No appraisal of the Taxable Parcels in the District has been conducted <br />(see, however, "THE DISTRICT—Value-to-Burden Ratio" for a description of the County <br />Assessor's valuation of the parcels in the District). Although the Act authorizes the City to <br />cause such an action to be commenced and diligently pursued to completion, the Act does not <br />specify any obligation of the City with regard to purchasing or otherwise acquiring any lot or <br />parcel of property sold at the foreclosure sale in any such action if there is no other purchaser <br />at such sale. The City is not obligated and does not expect to be a bidder at any such <br />foreclosure sale. See "SPECIAL. RISK FACTORS -Proceeds of Foreclosure Sale." <br />-31- <br />39 RESO. # 15237 <br />MUFF # 505 <br />