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8D Consent 2007 0416
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8D Consent 2007 0416
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Last modified
5/4/2007 12:38:04 PM
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4/12/2007 12:16:32 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/16/2007
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PERM
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_CC Agenda 2007 0416
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2007\Packet 2007 0416
PFA Reso 2007-002
(Reference)
Path:
\City Clerk\City Council\Resolutions\2007
Reso 2007-053
(Reference)
Path:
\City Clerk\City Council\Resolutions\2007
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<br />and interest represented by the Certificates. To the extent proceeds of rental interruption <br />insurance are available or there are moneys in the Reserve Fund with respect to the Certificates <br />(as described below), Lease Payments (or a portion thereof) may be made during periods of <br />abatement. See "SECURITY AND SOURCES OF PAYMENT FOR THE CERTIFICATES - <br />Abatement" and "RISK FACTORS." <br /> <br />Financial Guaranty Insurance. Payment of the principal and interest with respect to <br />the Certificates when due will be insured by a bond insurance policy to be issued by <br />(the" " or "Insurer") simultaneously with the delivery of the Certificates. See <br />"FINANCIAL GUARANTY INSURANCE POLICY" and "APPENDIX F - Specimen Financial <br />Guaranty Insurance Policy." <br /> <br />Summaries of Documents. The summaries or references to the Trust Agreement, the <br />Lease Agreement, the Assignment Agreement and other documents, agreements and statutes <br />referred to in this Official Statement, and the description of the Certificates included in this <br />Official Statement, do not purport to be comprehensive or definitive, and such summaries, <br />references and descriptions are qualified in their entireties by reference to each such document <br />or statute. All statements herein with respect to certain rights and remedies are qualified by <br />reference to laws and principles of equity relating to or affecting creditors~ rights generally. The <br />information and expressions of opinion herein speak only as of the date of this Official <br />Statement and are subject to change without notice. Neither delivery of this Official Statement, <br />any sale made hereunder, nor any future use of this Official Statement shall, under any <br />circumstances, create any implication that there has been no change in the affairs of the City <br />since the date hereof. <br /> <br />THE FINANCING PLAN <br /> <br />The Certificates are being executed and delivered for the purpose of refinancing the <br />City's lease payment obligations relating to the 1999 Certificates. <br /> <br />Refunding of the 1999 Certificates. The 1999 Certificates were issued by the <br />Authority in the original aggregate principal amount of $26,000,000, and are currently <br />outstanding in the amount of $23,600,000. Pursuant to an Escrow Agreement dated as of May <br />1, 2007, among the City, the Authority and U.S. Bank National Association, as Escrow Agent <br />Certificates (the "Escrow Agent"), the Escrow Agent will establish an Escrow Fund (the <br />"Escrow Fund") t<;> be held by the Escrow Agent in trust as an irrevocable escrow securing the <br />payment of the 1999 Certificates and the City's obligations with respect thereto. All cash and <br />securities in the Escrow Fund will be irrevocably pledged as a special fund for the payment of <br />the principal and interest represented by the 1999 Certificates in accordance with the 1999 <br />Trust Agreement. Amounts in the Escrow Fund will be invested in certain United States <br />Treasury securities, the principal of and interest on which, together with any uninvested cash <br />therein, will be sufficient to pay and prepay all of the outstanding 1999 Certificates on November <br />1, 2009, and the Authority and the City have irrevocably elected to call all of the outstanding <br />1999 Certificates for redemption on that date. Sufficiency of the deposits and investment <br />earnings for those purposes will be verified by Causey, Demgen & Moore, Denver, Colorado. <br />See "VERIFICATION OF MATHEMATICAL COMPUTATIONS" below. Amounts in the Escrow <br />Fund cannot be used for payment of principal or interest represented by the Certificates. <br /> <br />Leased Premises. The Leased Premises consists of the City's Library and the land on <br />which it is located. The Library is a two-floor, approximate 44,000 square foot building located <br /> <br />-3- <br />
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