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FEMA, through the Federal Insurance Administration, makes flood insurance available to residents of a <br />participating community, provided the community adopts and enforces adequate floodplain management <br />regulations that meet the requirements of the National Flood Insurance Program ("NFIP"). The City joined the <br />NFIP on September 14, 1979 and has updated its Floodplain Management Regulations on a regular basis. <br />Because the City follows federal and state floodplain management requirements, Santa Ana property owners, <br />whose properties fall within a flood zone, are able to obtain flood insurance. At the present time, there are over <br />3,000 flood insurance policies in force in Sana Ana. <br />The City's Emergency Operations Plan includes a hazard analysis for earthquake, flood, and fire risk <br />required to comply with FEMA requirements for disaster relief funding. <br />Hazardous Substances. An additional environmental condition that may result in the reduction in the <br />assessed value of parcels would be the discovery of a hazardous substance that would limit the beneficial use of <br />a property within the Project Area. In general, the owners and operators of a property may be required by law to <br />remedy conditions of the property relating to releases or threatened releases of hazardous substances. The owner <br />(or operator) may be required to remedy a hazardous substance condition of property whether or not the owner <br />(or operator) has anything to do with creating or handling the hazardous substance. The effect, therefore, should <br />any of the property within the Project Area be affected by a hazardous substance would be to reduce the <br />marketability and value of the property, perhaps by an amount in excess of the costs of remedying the condition. <br />The Successor Agency can give no assurance that future development will not be limited by these conditions. <br />Development Risks. The Successor Agency's collection of Tax Revenues is directly affected by the <br />economic strength of the Project Area. Potential development within the Project Area will be subject to all the <br />risks generally associated with real estate development projects, including unexpected delays, disruptions and <br />changes. Real estate development operations may be adversely affected by changes in general economic <br />conditions, fluctuations in real estate market and interest rates, unexpected increases in development costs and <br />other similar factors. Further, real estate development operations within the Project Area could be adversely <br />affected by future governmental policies, including governmental policies to restrict or control development. If <br />projected development in the Project Area is delayed or halted, the economy of the Project Area could be <br />affected, causing a reduction in Tax Revenues available to pay debt service on the Bonds. <br />Certain Bankruptcy Risks. The enforceability of the rights and remedies of the Owners of the Bonds <br />and the obligations of the Successor Agency may become subject to the following: the federal bankruptcy code <br />and applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or affecting the <br />enforcement of creditors' rights generally, now or hereafter in effect; usual equitable principles which may limit <br />the specific enforcement under state law of certain remedies; the exercise by the United States of America of the <br />powers delegated to it by the federal Constitution; and the reasonable and necessary exercise, in certain <br />exceptional situations, of the police power inherent in the sovereignty of the State of California and its <br />governmental bodies in the interest of servicing a significant and legitimate public purpose. Bankruptcy <br />proceedings, or the exercise of powers by the federal or state government, if initiated, could subject the Owners <br />of the Bonds to judicial discretion and interpretation of their rights in bankruptcy or otherwise and consequently <br />may entail risks of delay, limitation, or modification of their rights. <br />Limited Obligations. The Successor Agency has no power to levy and collect property taxes, and any <br />property tax limitation, legislative measure, voter initiative or provision of additional sources of income to <br />Taxing Agencies having the effect of reducing the property tax rate must necessarily reduce the amount of Tax <br />Revenues that would otherwise be available to pay the principal of, and interest on the Bonds. <br />Interpretation of and Future Changes in the Law; Voter Initiatives. The Redevelopment Law and the <br />Dissolution Act are complex bodies of law and their application to the Successor Agency, the Redevelopment <br />Plan and the Project Area may be subject to different interpretations by the Successor Agency, the Department <br />of Finance, the County Auditor -Controller, Taxing Agencies and other interested parties, including with respect <br />to Tax Sharing Agreements and Statutory Tax Sharing obligations and enforceable obligations. Since the <br />44 <br />SA -3-58 <br />