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AgdaPkt 2012-12-03
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AgdaPkt 2012-12-03
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Last modified
9/23/2013 8:31:37 AM
Creation date
11/29/2012 7:21:14 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
12/3/2012
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8.B. - Page 41 <br /> a delay in payments to owners of the Bonds pending prosecution of the foreclosure <br /> proceedings and receipt by the City of the proceeds of the foreclosure sale. <br /> Section 53356.6 of the Act requires that property sold pursuant to foreclosure under <br /> the Act be sold for not less than the amount of judgment in the foreclosure action, plus post- <br /> judgment interest and authorized costs, unless the consent of the owners of 75% of the <br /> outstanding Bonds is obtained. However, under Section 53356.6 of the Act, the City, as <br /> judgment creditor, is entitled to purchase any property sold at foreclosure using a "credit <br /> bid," where the City could submit a bid crediting all or part of the amount required to satisfy <br /> the judgment for the delinquent amount of the Special Tax. If the City becomes the purchaser <br /> under a credit bid, the City must pay the amount of its credit bid into the redemption fund <br /> established for the Bonds, but this payment may be made up to 24 months after the date of <br /> the foreclosure sale. Neither the Act nor the Fiscal Agent Agreement requires the City to <br /> purchase or otherwise acquire any Taxable Parcel foreclosed upon if there is no other purchaser <br /> at such sale, and the City has no intent to be such a purchaser. <br /> The City will levy the Special Tax to pay the current year's debt service and related <br /> administrative expenses and to replenish the Reserve Fund to the Reserve Requirement, subject <br /> to the Maximum Annual Special Tax Rate. However, in the event such superior court <br /> foreclosure proceedings are necessary, and if the Reserve Fund is depleted, there could be a <br /> delay in payments of principal of and interest on the Bonds pending prosecution of the <br /> foreclosure proceedings and receipt by the City of the proceeds of the foreclosure sale. See <br /> "SPECIAL RISK FACTORS—Bankruptcy Delays" and "—Proceeds of Foreclosure Sales." <br /> Investment of Moneys <br /> Except as otherwise provided in the Fiscal Agent Agreement, all moneys in any of the <br /> funds or accounts established pursuant to the Fiscal Agent Agreement will be invested by the <br /> Fiscal Agent solely in Permitted Investments, as directed by the City. See Appendix C - <br /> "Summary of the Fiscal Agent Agreement" for a definition of "Permitted Investments" and <br /> for additional provisions regarding the investment of funds held under the Fiscal Agent <br /> Agreement. <br /> No Parity Bonds <br /> The City has covenanted in the Fiscal Agent Agreement not to issue any additional <br /> obligations payable from Special Taxes on a parity with the Bonds. However, nothing in the <br /> Fiscal Agent Agreement prohibits the City from issuing bonds or otherwise incurring debt <br /> secured by a pledge of any of the Special Tax Revenues subordinate to the pledge thereof <br /> under the Fiscal Agent Agreement. Also, other public agencies could, without the consent or <br /> knowledge of the City or the District, levy special taxes or assessments on the Taxable Parcels <br /> secured by statutory liens coequal with the lien securing the payment of the Special Taxes (see <br /> "SPECIAL RISK FACTORS—Parity Taxes and Special Assessments"). <br /> THE DISTRICT <br /> Location and Description of the District <br /> Redwood Shores is a master-planned community located in the northeastern portion of <br /> the City. It comprises approximately 1,500 acres, and is surrounded by Highway 101 on the <br /> west, San Francisco Bay on the east, Belmont Slough on the north, and Steinberger Slough on <br /> -19- <br />
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