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AgdaPkt 2010-08-09
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AgdaPkt 2010-08-09
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Last modified
8/10/2010 4:17:37 PM
Creation date
8/5/2010 2:11:14 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
8/9/2010
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<br />O.Llj <br />Page 33 <br /> <br />ATTACHMENT 2 <br /> <br />EXHIBIT C <br /> <br />of the Buydown Requirement, the costs to invest the Buydown <br />Requirement proceeds and the costs of redeeming CFD No. 2010-1 <br />Bonds. <br /> <br />Step 9. The Buydown Requirement is equal to the sum of the amounts computed <br />pursuant to Steps 5, 6, 7 and 8 (the IlBuydown Requirement"). <br /> <br />Step 10. The reserve fund credit shall equal the lesser of: (a) the expected <br />reduction in the reserve requirement (as specified in the Indenture), if any, <br />associated with the redemption of Outstanding Bonds as a result of the <br />Buydown, or (b) the amount derived by subtracting the new reserve <br />requirement (as defined in the Indenture) in effect after the redemption of <br />Outstanding Bonds as a result of the Buydown from the balance in the <br />reserve fund on the Buydown date, but in no event shall such amount be <br />less than zero. No reserve fund credit shall be granted if the amount then <br />on deposit in the reserve fund for the Outstanding Bonds is below 100% of <br />the reserve requirement (as defined in the Indenture). <br /> <br />The Buydown Requirement computed under Step 9 shall be billed directly to the <br />property owner of each Assessor's Parcel identified in the request for Letter of <br />Compliance and shall be due within 30 days of the billing date. If the Buydown <br />Requirement is not paid within 45 days of the billing date, a Letter of Compliance will not <br />be issued to the City andlor property owner by the CFD Administrator and the <br />authorization of the requested building permits for the subject property will not be <br />approved until such Buydown Requirement is paid. Upon receipt of the Buydown <br />Requirement, the CFO Administrator shall issue a Letter of Compliance and a <br />Certificate of Satisfaction of Buydown for the subject property. The reserve fund credit <br />calculated pursuant to Step 10 above shall be credited to the property owner against the <br />Buydown Requirement of each Assessor's Parcel identified in the request for Letter of <br />Compliance once the CFD Administrator has confirmed receipt of all Special Taxes due <br />for such property owner(s) in the Fiscal Year the Buydown Requirement was made. If <br />the Buydown Requirement has been paid prior to such determination by the CFD <br />Administrator, the amount equal to the reserve fund credit shall be reimbursed to the <br />payee within 30 days following such confirmation. <br /> <br />4. Costs and Expenses Related to Implementation of Buydown of Outstanding <br />Bonds <br /> <br />The costs of the CFD Administrator or other consultants required to review the <br />application for building permits and issue Letters of Compliance, as identified in <br />Sections D.1 and 0.2 above, shall be paid out of the administrative expenses account <br />as defined in the Indenture. The property owner of each Assessor's Parcel identified in <br />the request for Letter of Compliance shall pay all costs of the CFD Administrator or <br />other consultants required to calculate the Buydown, issue Letters. of Compliance and <br />any other actions required under Section D.3. Such payments shall be due 30 days <br />after receipt of invoice by such property owner. A deposit may be required by the CFD <br />Administrator prior to undertaking work related to the Buydown pursuant to Section 0.3. <br />
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