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PF_3595_Contract
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PF_3595_Contract
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Last modified
7/17/2007 2:28:41 PM
Creation date
9/14/2005 1:54:22 PM
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Template:
Contracts/Agreements
Agreement/Contract Type
Development Contract
Contracts/Agreements - Department
Community Development
Purpose/Title
Roseville Twin Lakes, LLC
Contracts/Agreements - Planning File #
3595
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<br />(b) At the Redeveloper's request, the City agrees to issue one or more series of Tax <br />Increment Bonds earlier than contemplated by subparagraph (a) above, on such terms and <br />conditions as are then available in the public marketplace, in an amount limited as set forth in (1) <br />and (2) of subparagraph (a). The Redeveloper acknowledges that the Underwriter will likely <br />require security in the form of a bank letter of credit, personal guarantees from the Redeveloper, <br />or personal guarantees from the principals of the Redeveloper, and that the Tax Increment Bonds <br />will probably not be able to be issued on a tax exempt basis unless such Bonds relate solely to <br />Public Improvements. Tax Increment Bonds payable from tax increment generated by a <br />hazardous substance subdistrict will be issued as early as possible consistent with underwriting <br />standards; the pledge of Tax Increment to the repaYment of such Bonds shall be the same as for <br />all Tax Increment Bonds. <br /> <br />( c) All Tax Increment Bonds shall be issued on a parity basis. The Redeveloper <br />acknowledges that all Tax Increment Bonds will be tax increment revenue bonds and will not <br />constitute general obligations of the City, State or any political subdivision. The City shall <br />determine the amount of Tax Increment that is projected to be available to pay the principal of <br />and interest on such Tax Increment Bonds. The aggregate principal amount of Tax Increment <br />Bonds shall not exceed the amount that can reasonably be paid from such projected Tax <br />Increment. Interest will accrue on Tax Increment Bonds from the date of issuance of the Bonds. <br /> <br />Section 4.8. Conditions to Issuance of Tax Increment Bonds. <br /> <br />(a) Issuance of Tax Increment Bonds. The City will issue Tax Increment Bonds <br />pursuant to Section 4.7 if the City believes the Redeveloper has the financial ability to complete <br />the Project. The Redeveloper shall submit such financial information as the City may request in <br />order for it to make that determination. <br /> <br />(b) Timing of Issuance of Tax Increment Bonds. The City may delay issuance of tax <br />exempt Tax Increment Bonds for as long as any of the following conditions exist: <br /> <br />(1) Based upon a written opinion of Bond Counsel, the City is prohibited from <br />issuing of tax exempt Tax Increment Bonds pursuant to changes in federal law enacted after the <br />date of this Agreement; or <br /> <br />(2) Based upon a written opInIon of the Underwriter, substantial adverse <br />changes in market conditions have occurred that make it infeasible to refinance outstanding <br />taxable Tax Increment Bonds on a reasonable basis; or <br /> <br />(3) Based upon a written opinion of Bond Counsel, delay is necessary to <br />ensure that the City will not issue more than $10,000,000 of "qualified tax-exempt obligations" <br />(as defined in Sec. 265(b)(3) of the Code and applicable Regulations) in the year in which the tax <br />exempt Tax Increment Bonds are proposed to be issued. The City will use its best efforts and <br />will consult with the Redeveloper regarding timing of issuance of bonds to avoid application of <br />this provision. <br /> <br />21 <br />
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