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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 53 <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—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 obligations 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 />
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