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AgdaPkt 2011-03-21
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AgdaPkt 2011-03-21
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Last modified
7/13/2012 1:17:21 PM
Creation date
3/17/2011 2:52:31 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
3/21/2011
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8.A <br /> ATTAC H <br /> Description of Principal Bond-Related Documents , <br /> Fiscal Aqent Aqreement: This is the contract with the owners of the bonds. It <br /> specifies the terms and relevant features of the bonds (e.g., principal maturities, interest <br /> rates, redemption provisions, how payments are made, etc.); it establishes the funds <br /> and accounts to be maintained by the City and the fiscal agent; it establishes the pledge <br /> to repay the bonds and limits the security for the payment of interest on and principal of <br /> the bonds, it establishes certain covenants of the City (e.g., to pay interest and principa! <br /> timely, to keep praper books and records, to comply with all local, state and federal laws <br /> relating to the bonds, to provide continuing disclosure related to the bonds, etc.); it <br /> specifies how monies are to be invested and how interest earnings are to be applied; it <br /> establishes the duties of the fiscal agent; it specifies the conditions unde� which <br /> amendments to the fiscal agent agreement may be made; and it addresses other <br /> miscellaneous matters necessary for the sale of bands and the administration of the <br /> bonds. <br /> Acquisition and Reimbursement Aqreement: The Acquisition and <br /> Reimbursement Agreement details the specific terms under which the City wi(I <br /> reimburse the developer for the construction of public infrastructure authorized to be <br /> financed by the CFD. It lists the specific improvements to be acquired by the City (the <br /> "Facilities") and their budgeted costs, requires plans for the Facilities to be submitted to <br /> the City and specifies inspection requirements, stipulates performance and payment <br /> bond requirements, required terms for contracts with general contractors, and specifies <br /> required guarantees and the bidding requirements associated with the Facilities. It <br /> further specifies what fees may be reimbursed from bond proceeds and the terms under <br /> which such reimbursements may be made. It additionally specifies required insurance <br /> and details associated with the transfer of title for acquired Facilities. <br /> Bond Purchase Aqreement: This is the contract between the City and the underwriter <br /> specifying the interest rates and reoffering yields on the bonds and the price the <br /> underwriter will pay to the City for the purchase of the bonds. It is a firm commitment to <br /> buy the bonds, but because there is a time interval of two to three weeks between the <br /> execution of the contract and the closing (the delivery of bonds and the payment of <br /> money), it also specifies various conditions on which the offer to purchase the bonds is <br /> contingent. These conditions include various legal opinions from the City Attorney, <br /> bond counsel, disclosure counsel and the develaper's counsel, various cer�ificates to be <br /> delivered by City officials, various documents to be executed by par�ies to the financing, <br /> various actions to have been taken by the City and other conditions designed to assure <br /> the underwriter that all actions necessary to the lawful delivery of the bonds have been <br /> taken and that all disclosure is complete, not misleading and true. <br /> Continuinq Disclosure Certificate — Issuer: The Securities and Exchange <br /> Commission (SEC) does not have the authority to regulate municipal bond issuers. It <br /> can, however, regulate bond underwriters. The official statement provides <br /> comprehensive disclosure to investors at the time bonds are initially sold. In the interest <br /> 1 <br />
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