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55B - RESO - WARNER ASSESSMENT DISTRICT
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06/21/2016
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55B - RESO - WARNER ASSESSMENT DISTRICT
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6/20/2016 10:23:06 AM
Creation date
6/16/2016 5:22:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
55B
Date
6/21/2016
Destruction Year
2021
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SPECIAL RISK FACTORS <br />The purchase of the Bonds involves certain investment risks. The following is a discussion of certain <br />risk factors which should be carefully considered, in addition to other matters set forth herein, in evaluating the <br />investment quality of the Bonds. The City cautions prospective investors that this discussion does not purport to <br />be comprehensive or definitive and does not purport to be a complete statement of all factors which may be <br />considered as risks in evaluating the credit quality of the Bonds. The occurrence of one or more of the events <br />discussed herein could adversely affect the ability or willingness of property owners in the Assessment District <br />to pay their assessments when due. Any such failure to pay assessments could result in the inability of the City <br />to make full and punctual payments of debt service on the ,Bonds. In addition, the occurrence of one or more of <br />the events discussed herein could adversely affect the value of the property in the Assessment District. <br />General <br />To provide for the payment of debt service on the Bonds, it is necessary that unpaid Assessment <br />Installments be paid in a timely manner. Although the unpaid assessments constitute fixed liens on the parcels <br />within the Assessment District, they do not constitute a personal indebtedness of the respective owners of such <br />parcels. There is no assurance that such owners will be financially able to pay the Assessment Installments or <br />that they will pay such installments even though financially able to do so. <br />Failure by the owners of the parcels within the Assessment District to pay Assessment Installments <br />when due, depletion of the Reserve Fund or the inability to sell the parcels within the Assessment District at <br />foreclosure proceedings for amounts sufficient to cover delinquent Assessment Installments levied against such <br />parcels would result in the inability to make full or punctual payments of debt service to the Bondowners. <br />Assessments Are Not Personal Obligations <br />The current and future owners of land within the Assessment District are not personally liable for the <br />payment of the assessments. Rather, the assessments are a lien secured only by the parcels of land with unpaid <br />Assessment Installments within the Assessment District. <br />Risks of Real Estate Secured Investments Generally <br />The Bondowners will be subject to the risks generally incident to an investment secured by real estate, <br />including, without limitation, (i) adverse changes in local market conditions, such as changes in the market <br />value of real property in the vicinity of the Assessment District, the supply of or demand for competitive <br />properties in such area, and the market value of homes and/or sites in the event of sale or foreclosure, (ii) <br />changes in real estate tax rate and other operating expenses, governmental rules (including, without limitation, <br />zoning laws) and fiscal policies, and (iii) natural disasters (including, without limitation, earthquakes, fires and <br />floods), which may result in uninsured losses. <br />Foreclosure Shortfall <br />Pursuant to the Act, if a parcel which is included in the Assessment District is foreclosed upon and <br />cannot be sold at the foreclosure sale at a price equal to the amount of the judgment for delinquent Assessment <br />Installments with costs and interest thereon, the City may petition a court to authorize the sale of such parcel at a <br />lower price upon the consent of Bondowners owning 75% or more in principal amount of the Bonds and certain <br />other conditions. Any such sale would produce a shortfall in the aggregate Assessment Installments payable <br />with respect to such parcel and, ultimately, could cause a default in the payment of principal on the Bonds. <br />Non - Availability of City Funds <br />If a delinquency occurs in the payment of any Assessment Installment, the Fiscal Agent is required to <br />transfer the amount of such delinquent installment from the Reserve Fund to the Redemption Fund. If the <br />28 <br />55B -98 <br />
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