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10A Action Items 2018 1105
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10A Action Items 2018 1105
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10/30/2018 7:09:23 PM
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10/30/2018 7:09:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
11/5/2018
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PERM
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PFA Reso 2018-002
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2018
Reso 2018-135
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2018
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<br />2 <br />Book–Entry Only System” and “APPENDIX E – DTC AND THE BOOK–ENTRY ONLY SYSTEM.” <br />Purpose of the 2018 Bonds. The 2018 Bonds are being issued to provide funds to (i) <br />finance the acquisition and construction of public capital improvements as described in this Official Statement, and (ii) pay the costs of issuing the 2018 Bonds. See “FINANCING PLAN” <br />for a description of the public capital improvements that the City anticipates financing the acquisition and construction thereof with proceeds of the 2018 Bonds. <br />Security for the 2018 Bonds and Pledge of Revenues. The 2018 Bonds are payable solely from and secured by a pledge of “Revenues” and certain funds and accounts held under <br />the Indenture on parity with the Authority’s 2016 Refunding Lease Revenue Bonds (the “2016 Bonds” and, together with the 2018 Bonds, the “Bonds”), which are outstanding in the principal amount of $12,345,000 (see “– Additional Bonds” below). Revenues consist primarily of Lease <br />Payments to be made by the City pursuant to a Lease Agreement dated as of December 1, <br />2016, as supplemented and amended by First Amendment to Lease Agreement dated as of December 1, 2018, each by between the City and the Authority (as so supplemented and <br />amended, the “Lease”) in connection with the lease by the Authority to the City of the real <br />property constituting the City’s main library building, and improvements thereon (collectively, the “Leased Property”). See “THE LEASED PROPERTY.” <br /> The Leased Property was previously leased by the City to the Authority, and will continue to be leased, by the City to the Authority pursuant to a Site Lease dated as of <br />December 1, 2016, as supplemented and amended by a First Amendment to Site Lease dated as of December 1, 2018, each by and between the City and the Authority (as so supplemented and amended, the “Site Lease”). Pursuant to the Lease Agreement, the Authority will continue <br />to lease the Leased Property back to the City for the purpose of financing the Project (as hereinafter defined). See “FINANCING PLAN − The Project.” Under the Lease, the City covenants to take such action as necessary to include the Lease Payments in its annual <br />budgets and to make all necessary appropriations for such Lease Payments (subject to abatement under certain circumstances described in the Lease). See “SECURITY FOR THE <br />2018 BONDS.” <br /> The scheduled Lease Payments payable by the City under the Lease are calculated to <br />be sufficient to permit the Authority to pay the principal of, and interest on, the 2018 Bonds and <br />the 2016 Bonds when due. However, in the event of any damage or destruction such that there is substantial interference with the use and occupancy of all or any portion of the Leased <br />Property, or a temporary taking of the Leased Property or a permanent taking of a portion of the Leased Property, Lease Payments may be abated under the Lease without constituting a default. See “SECURITY FOR THE 2018 BONDS – Abatement” and “RISK FACTORS – <br />Abatement.” However, proceeds of insurance may be available to pay Lease Payments in the event of insured damage, destruction or condemnation with respect to the Leased Property. <br />Pursuant to an Assignment Agreement dated as of December 1, 2016, as supplemented <br />and amended by a First Amendment to Assignment Agreement dated as of December 1, 2018, each by and between the Authority and the Trustee (as so supplemented and amended, the “Assignment Agreement”), the Authority has assigned to the Trustee for the benefit of the <br />Owners of the 2016 Bonds and the 2018 Bonds, certain of the Authority’s rights under the Lease, including its rights to receive Lease Payments and to enforce remedies in the event of a <br />default by the City for the purpose of securing the payment of debt service on the 2018 Bonds.
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