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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 57 <br /> circumstances, commence such a foreclosure action. See "SECURITY FOR THE BONDS— <br /> Covenant for Superior Court Foreclosure." <br /> No assurances can be given that a Taxable Parcel in the District that would be subject <br /> to a judicial foreclosure sale for delinquent Special Taxes will be sold or, if sold, that the <br /> proceeds of such sale will be sufficient to pay the delinquent Special Tax installment. Although <br /> the Act authorizes the City to cause such an action to be commenced and diligently pursued <br /> to completion, the Act does not specify any obligation of the City with regard to purchasing or <br /> otherwise acquiring any lot or parcel of property sold at the foreclosure sale in any such action <br /> if there is no other purchaser at such sale and the City has not in any way agreed nor does it <br /> expect to be such a bidder. <br /> In a foreclosure proceeding, a judgment debtor (i.e., the property owner) has 140 days <br /> from the date of service of the notice of levy in which to redeem the property to be sold and <br /> may have other redemption rights afforded by law. If a judgment debtor fails to so redeem <br /> and the property is sold, his only remedy is an action to set aside the sale, which must be <br /> brought within 90 days of the date of sale if the purchaser at the sale was the judgment <br /> creditor. If a foreclosure sale is thereby set aside, the judgment is revived and the judgment <br /> creditor is entitled to interest on the revived judgment as if the sale had not been made. <br /> If foreclosure proceedings were ever instituted, any holder of a mortgage or deed of <br /> trust on the affected Taxable Parcel could, but would not be required to, advance the amount <br /> of the delinquent Special Tax installment to protect its security interest. <br /> In the event such superior court foreclosure or foreclosures are necessary, there could be <br /> a delay in principal and interest payments to the owners of the Bonds pending prosecution of <br /> the foreclosure proceedings and receipt by the District of the proceeds of the foreclosure sale, if <br /> any. Judicial foreclosure actions are subject to the normal delays associated with court cases <br /> and may be further slowed by bankruptcy actions and other factors beyond the control of the <br /> City, including delay due to crowded local court calendars or legal tactics and, in any event <br /> could take several years to complete. In particular, bankruptcy proceedings involving the <br /> owner of a delinquent Taxable Parcel could cause a delay, reduction or elimination in the flow <br /> of Special Tax Revenues to the Fiscal Agent. See "–Bankruptcy Delays." <br /> Natural Disasters <br /> The value of the Taxable Parcels in the future can be adversely affected by a variety of <br /> natural occurrences, particularly those that may affect infrastructure and other public <br /> improvements and private improvements on the Taxable Parcels and the continued <br /> habitability and enjoyment of such private improvements. Such occurrences include, without <br /> limitation, wildfire, earthquakes, tsunamis and floods. One or more of such natural disasters <br /> could occur and could result in damage to improvements of varying seriousness. The damage <br /> may entail significant repair or replacement costs and that repair or replacement may never <br /> occur either because of the cost, or because repair or replacement will not facilitate habitability <br /> or other use, or because other considerations preclude such repair or replacement. Under any <br /> of these circumstances, the value of the Taxable Parcels may well depreciate or disappear. <br /> Like other areas of Northern California, property in the District is subject to the risk of <br /> major earthquake damage. During the past 150 years the San Francisco Bay Area has <br /> experienced several major and numerous minor earthquakes. The San Andreas fault, at its <br /> closest, is about seven miles to the west of the District; the Hayward fault, at its closest, is <br /> about 15 miles to the east. A significant earthquake along these or other faults is possible <br /> during the period the Bonds will be outstanding. The most recent major earthquake was the <br /> -35- <br />
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