HomeMy WebLinkAboutResolution No. 4119 - Issuance of Bonds CFD 2002-1 Rancho San Jacinto24438.70030\44778363.4
Resolution No. 4119
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STATE OF CALIFORNIA ) RESOLUTION NO. 4119
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA,
AUTHORIZING THE ISSUANCE OF BONDS OF CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2002-1 (RANCHO SAN
JACINTO, PHASE 2) DESIGNATED 2026 SPECIAL TAX REFUNDING
BONDS FOR THE PURPOSE OF DEFEASING AND REFUNDING THE
OUTSTANDING BONDS OF SAID DISTRICT, APPOINTING FISCAL
AGENT, APPROVING THE FORM OF A FISCAL AGENT AGREEMENT
AND AN ESCROW DEPOSIT AND TRUST AGREEMENT AND
AUTHORIZING NEGOTIATION OF TERMS OF THE SALE OF SAID
BONDS, APPROVING A PRELIMINARY OFFICIAL STATEMENT,
AUTHORIZING PREPARATION OF A FINAL OFFICIAL STATEMENT
AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS
WHEREAS, bonds were previously issued for the City of San Jacinto Community
Facilities District No. 2002-1 (Rancho San Jacinto, Phase 2), County of Riverside, State
of California (the “District”) which were designated as the City of San Jacinto Community
Facilities District No. 2002-1 (Rancho San Jacinto, Phase 2), 2016 Special Tax Refunding
Bonds and are outstanding in the aggregate principal amount of $11,455,000 (the “Prior
Special Tax Refunding Bonds”); and
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the
“City”) has been advised that it may be possible to issue bonds of the District for purpose
of refunding the Prior Special Refunding Tax Bonds, at interest rates that will result in a
net present value savings of 3% or more from the interest rates on the currently
outstanding Prior Special Refunding Tax Bonds and to thereby provide savings to the
property owners in the District through reduced special taxes that will be levied on parcels
of taxable property in the District to pay the principal of and interest on the refunding
bonds (the “Refunding Bonds”); and
WHEREAS, the Refunding Bonds of the District shall be designated “City of San
Jacinto Community Facilities District No. 2002-1 (Rancho San Jacinto, Phase 2) 2026
Special Tax Refunding Bonds;” and
WHEREAS, payment of the principal of and interest on the Prior Special Tax
Refunding Bonds are secured by special taxes that are levied on parcels of taxable
property in the District (the “Special Taxes”); and
WHEREAS, payment of the principal of and interest on the Refunding Bonds that
may be issued by the District will be secured by such Special Taxes; and
WHEREAS, pursuant to Section 53345.8 of the California Government Code, the
City Council, as the legislative body of the District, may sell bonds of the District only if it
determines prior to the award of the sale of such bonds that the value of the real property
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that would be subject to the Special Tax to pay debt service on the bonds will be at least
three (3) times the principal amount of the bonds to be sold and the principal amount of
all other bonds outstanding that are secured by a special tax levied pursuan t to the Mello-
Roos Community Facilities Act of 1982 (Section 53311, et seq., of the California
Government Code) or a special assessment levied on property within the District; and
WHEREAS, NBS Government Finance Group, the special tax consultant to the
City, has determined, based on a review of the Riverside County Assessor’s Assessment
Roll for fiscal year 2025-26, that the total assessed value of taxable property in the District
is $327,658,982 including all taxable property within the District; and
WHEREAS, upon the issuance of the Refunding Bonds of the District and the
deposit of the appropriate portion of the proceeds of the sale of such Refunding Bonds in
the redemption fund, such outstanding Prior Special Tax Refunding Bonds will be
defeased and the property in the District will no longer be subject to the levy of special
taxes to pay debt service on such outstanding Prior Special Tax Refunding Bonds, but
will instead be subject to the levy of special taxes to pay debt service on the Refunding
Bonds; and
WHEREAS, if the Refunding Bonds of the District are issued and sold in an
aggregate principal amount that does not exceed $11,455,000, the value of the parcels
of real property within the District that will be subject to the levy of the Special Taxes will
be more than three (3) times the principal amount of such Refunding Bonds and any other
parity bonds of the District; and
WHEREAS, there has also been made available to the City Council a form of Fiscal
Agent Agreement (the “Fiscal Agent Agreement”) to be executed and delivered by the
City and U.S. Bank Trust Company, National Association, as Fiscal Agent, with respect
to the Refunding Bonds that will be issued by the District, whereby the Fiscal Agent will
authenticate and deliver such Refunding Bonds and perform certain other duties; and
WHEREAS, there has also been made available to the City Council a form of
escrow agreement (the “Escrow Agreement”) to be executed and delivered by the City
with respect to the defeasance and redemption of the outstanding Prior Special Tax
Refunding Bonds, whereby the escrow agent thereunder will receive a portion of the
proceeds of the sale of the Refunding Bonds and certain funds related to the outstanding
Prior Special Tax Refunding Bonds that will be deposited in the redemption fund to
provide for the defeasance and redemption of the Prior Special Tax Refunding Bonds and
will perform certain other duties; and
WHEREAS, there has been made available to the City Council a form of Bond
Purchase Agreement whereby Stifel, Nicolaus & Company, Incorporated, as underwriter
(the “Underwriter”) will purchase the Refunding Bonds from the District (the “Bond
Purchase Agreement”); and
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WHEREAS, there has also been presented to the City Council a form of
Preliminary Official Statement relating to the Refunding Bonds (the “Preliminary Official
Statement”); and
WHEREAS, there has also been presented to the City Council a form of Continuing
Disclosure Certificate appended to the Preliminary Official Statement to be executed and
delivered by the City on behalf of the District and a dissemination agent to be appointed
by the City (the “Continuing Disclosure Certificate”), for the benefit of the owners of the
Refunding Bonds and in order to assist the Underwriter in complying with Rule 15c2-
12(b)(5) of the Securities and Exchange Commission (the “Rule”); and
WHEREAS, the City Council has considered the forms of the Fiscal Agent
Agreement, the Escrow Agreement, the Bond Purchase Agreement, the Continuing
Disclosure Certificate and the Preliminary Official Statement and has determined that it is
in the best interest of the owners of property in and the residents of the District, that the
City Council authorize the issuance and sale of the Refunding Bonds and the execution
and delivery of said agreements, subject to the conditions hereinafter contained; and
WHEREAS, Section 5852.1 of the Government Code of the State of California
(“Section 5852.1”) provides that the City Council obtain from an underwriter, financial
advisor or private lender and disclose, in a meeting open to the public, prior to
authorization of the issuance of the Bonds, good faith estimates of: (a) the true interest
cost of the Bonds, (b) the finance charge of the Bonds, meaning the sum of all fees and
charges paid to third parties, (c) the amount of proceeds of the Bonds received less the
finance charge described above and any reserves or capitalized interest paid or funded
with proceeds of the Bonds and (d) the sum total of all debt service payments on the
Bonds calculated to the final maturity of the Bonds plus the fees and charges paid t o third
parties not paid with the proceeds of the Bonds; and
WHEREAS, in accordance with Section 5852.1, the City Council has obtained
such good faith estimates from Urban Futures, Inc., the City’s municipal advisor (the
“Municipal Advisor”), and such estimates are disclos ed in Exhibit A attached hereto.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto, California as follows:
SECTION 1. Findings. The City Council finds (a) that the preceding recitals are
true and correct, (b) that the sale of the Refunding Bonds of the District at negotiated sale,
without advertising for bids, will result in a lower overall cost to the District, and (c) that if
the Refunding Bonds of the District are issued and sold in an aggregate principal amount
not to exceed $11,455,000, the aggregate value of the parcels of real property within the
District that will be subject to the levy of the Special Ta xes to pay the principal of and
interest on the Refunding Bonds of the District will be more than three (3) times the
aggregate principal amount of such Refunding Bonds.
In furtherance of the issuance of the Refunding Bonds, the City Council hereby
makes the following further findings and determinations that: (i) it is prudent in the
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management of the fiscal affairs of the City, the City Council and the District to issue the
Refunding Bonds for the purpose, inter alia, of refunding the Prior Special Tax Refunding
Bonds on an advance basis or a current basis, (ii) the total net interest cost to maturity on
the Refunding Bonds being issued to refund the Prior Special Tax Refunding Bonds plus
the principal amount of the Refunding Bonds being issued to refund the Prior Special Tax
Refunding Bonds will not exceed the total net interest cost to maturity on the Prior Special
Tax Refunding Bonds plus the principal amount of the Prior Special Tax Refunding
Bonds, and (iii) the issuance of the Refunding Bonds is in compliance with the City’s
Goals and Policies.
SECTION 2. Authorization of the Issuance of the Refunding Bonds. The City
Council authorizes the issuance and sale of the Refunding Bonds of the District in an
aggregate principal amount that shall not exceed the aggregate principal amount of
$11,455,000, and the Mayor, the City Manager, the Deputy City Manager and the Finance
Director (each an “Authorized Representatives”) are authorized and directed to take all
steps and actions which are necessary to accomplish the issuance, sale and delivery of
the Refunding Bonds pursuant to the authorization given by and the conditions specified
in this resolution. The Mayor and the City Clerk of the City Council, or any Authorized
Representative if such persons are not available, are authorized to execute the Refunding
Bonds for and on behalf of the City and the District by their manual or facsimile signatures.
The last maturity date of the Refunding Bonds of the District shall not be later than the
last maturity date of the Prior Special Tax Refunding Bonds.
Pursuant to Section 53363.8 of the California Government Code, the City Council
determines that the Designated Costs of Issuing the Refunding Bonds for the District shall
include (i) all expenses incident to the calling, retiring, or paying of the Prior Special Tax
Refunding Bonds, and incident to the issuance of the Refunding Bonds of the District,
including the charges of any agent in connection with the issuance of the Refunding
Bonds or in connection with the redemption or retirement of the Prior Special Tax
Refunding Bonds, (ii) the interest on the outstanding bonds of the District to the date upon
which each of such outstanding bonds will be paid pursuant to the fiscal agent agreement
authorizing the issuance of such outstanding bonds, and (iii) any premium necessary in
calling or retiring the Prior Special Tax Refunding Bonds.
SECTION 3. Approval of Fiscal Agent Agreement. The form of the Fiscal Agent
Agreement which provides generally for (i) the authentication and delivery by the Fiscal
Agent of the Refunding Bonds of the District, (ii) the establishment and administration by
the Fiscal Agent of certain funds and accounts for the benefit of the City and the owners
of the Refunding Bonds, (iii) the payment by the Fiscal Agent of the principal of and
interest on the Refunding Bonds from the Special Tax Revenues (as defined therei n), and
(iv) the performance of other duties by the Fiscal Agent, is approved in the form on file
with the City Clerk, and the Authorized Representatives are each individually authorized
to execute and deliver, on behalf of the City, the Fiscal Agent Agreement with respect to
the Refunding Bonds of the District.
SECTION 4. Approval of Escrow Agreement. The form of the Escrow Agreement
which provides for (i) the defeasance and redemption of the Prior Special Tax Refunding
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Bonds, (ii) the creation and administration by the Escrow Agent of the Escrow Fund for
the benefit of the owners of Prior Special Tax Refunding Bonds, and (iii) the performance
of other duties by the Escrow Agent, is approved in the form on file with the City Clerk,
and the Authorized Representatives are each individually authorized to execute and
deliver, on behalf of the City, such Escrow Agreement with respect to the Prior Special
Tax Refunding Bonds.
Notwithstanding the preceding provisions of this section, as required by Section
53363.9 of the California Government Code, the amount of the proceeds of the sale of
the Refunding Bonds of the District and other amounts to be deposited in the Redemption
Fund with respect to the Prior Special Tax Refunding Bonds, and earnings from the
investment thereof, shall be in an amount sufficient to pay the principal of and interest on
the Prior Special Tax Refunding Bonds on September 1, 2026, and to pay the principal
and redemption premium due on such outstanding bonds on such date or such earlier
date as may be negotiated with the owners of the Bonds , and the Designated Costs of
Issuing the Refunding Bonds.
SECTION 5. Approval of Preliminary Official Statement; Preparation of Final
Official Statement. The Preliminary Official Statement is approved, and each of the
Authorized Representatives is authorized to consent to and assist in the preparation of
such modifications thereto as may be specified by the City Manager , the Deputy City
Manager or Finance Director of the City. Each of the Authorized Representatives is
authorized to determine when the Preliminary Official Statement is to be deemed final
within the meaning of the Rule and to deliver a certificate to that effect to the Underwriter.
The Underwriter is authorized to distribute the Preliminary Official Statement as approved
hereby, or as modified with the consent of one of the Authorized Representative s, to
prospective purchasers of the Bonds. The Authorized Representatives are authorized to
participate in the preparation of the Final Official Statement, based on the Preliminary
Official Statement, and such modifications thereto as may be agreed to by Disclosure
Counsel and the Underwriter. An Authorized Representative is authorized to sign the
Final Official Statement on behalf of the City and the District.
SECTION 6. Purchase and Sale of Bonds. The City Council approves and
authorizes the issuance and sale of the Bonds by negotiation with the Underwriter and
the City pursuant to the Bond Purchase Agreement between the City and the Underwriter
in the form on file with the City Clerk, together with any changes therein or additions
thereto which are deemed advisable by the City Manager, Deputy City Manager or the
Finance Director, upon consultation with Bond Counsel. An Authorized Representative
is authorized and directed to execute and deliver the final form of the Bond Purchase
Agreement on behalf of the City and the District upon the submission of an offer by the
Underwriter to purchase the Bonds, which offer is acceptable to the City Manager or the
Finance Director and is consistent with the requirements of this resolution; provided that
the true interest cost shall not exceed 4.50%; the Underwriter’s discount for the purchase
of the Bonds shall not exceed 1.0% of the aggregate principal amount of the Bonds; and
the last maturity date of the Bonds shall not be later than the last maturity date of the Prior
Special Tax Refunding Bonds. When the City Manager, Deputy City Manager or the
Finance Director has negotiated the Bond Purchase Agreement with the Underwriter
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within the parameters specified above and when the other terms and conditions are
satisfactory to the City Manager, Deputy City Manager or the Finance Director and Bond
Counsel, an Authorized Representative is authorized to execute and deliver the Bond
Purchase Agreement to the Underwriter on behalf of the City and the District.
No Authorized Representative shall execute and deliver the Bond Purchase
Agreement, however, unless the total net interest cost to maturity of the Refunding Bonds
plus the principal amount of the Refunding Bonds will be less than the total net interest
cost to maturity with respect to the Prior Special Tax Refunding Bonds, plus the principal
amounts of the Prior Special Tax Refunding Bonds, and before executing and delivering
the Bond Purchase Agreement, the Authorized Representative shall receive verbal
verification from Urban Futures, Incorporated, as the Municipal Advisor to the City and
the District, that such a total net interest cost and principal amount with respect to the
Refunding Bonds will be achieved.
SECTION 7. Municipal Bond Insurance and Surety Bonds. The Authorized
Representatives, each acting alone, are hereby authorized and directed to take all actions
necessary to obtain a municipal bond insurance policy for the Refunding Bonds and
reserve account surety bonds for the Refunding Bonds from a municipal bond insurance
company if it is determined, upon consultatio n with the Municipal Advisor and the
Underwriter, that such municipal bond insurance policy and/or surety bonds will reduce
the true interest cost or increase cash flow savings with respect to the Refunding Bonds.
SECTION 8. Appointment of Professionals. The City Council hereby authorizes
and approves the following professionals to provide services in connection with the
issuance of the Bonds:
(a) Fiscal Agent. U.S. Bank Trust Company, National Association is
appointed as Fiscal Agent pursuant to the Fiscal Agent Agreement and as Escrow
Agent pursuant to the Escrow Agreement to take any and all action provided
therein to be taken by the Fiscal Agent and Escrow Agent;
(b) Underwriter. Stifel, Nicolaus & Company, Incorporated is hereby
appointed to serve as the Underwriter;
(c) Municipal Advisor. Urban Futures, Incorporated is hereby appointed
to provide municipal advisory services;
(d) Bond Counsel. Best Best & Krieger LLP is hereby appointed as bond
counsel in connection with the issuance of the Refunding Bonds ; and
(e) Disclosure Counsel. Best Best & Krieger LLP is hereby appointed
as disclosure counsel in connection with the issuance of the Refunding Bonds.
SECTION 9. Reserve Fund and Other Funds Related to the Outstanding Bonds .
The Authorized Representatives are each authorized to direct the fiscal agent for the
outstanding bonds of the District, and said Fiscal Agent is authorized, to transfer the
amount on deposit in the reserve fund and amounts on deposit in any other funds or
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accounts, which the Fiscal Agent holds under the Fiscal Agent Agreement with respect
to the Prior Special Tax Refunding Bonds, to the Fiscal Agent for deposit in the
Redemption Fund to be used to defease and redeem the Prior Special Tax Refunding
Bonds or to the Reserve Fund for the Refunding Bonds of the District, whichever the
Authorized Representatives determine is most appropriate.
SECTION 10. Notice of Redemption. The Authorized Representatives are each
authorized and directed to provide for the mailing and publication, and the Fiscal Agent,
in its capacity as fiscal agent for the Prior Special Tax Refunding Bonds, is authorized to
mail and publish, notice of the redemption of the outstanding bonds of the District to the
registered owners thereof as required by Section 53365 of the California Government
Code and the fiscal agent agreement for the Prior Special Tax Refunding Bonds.
SECTION 11. Further Action. The Authorized Representatives are authorized to
take any and all action with respect to the execution and delivery of the Fiscal Agent
Agreement, the Escrow Agreement, the Bond Purchase Agreement and the issuance,
sale and delivery of the Refunding Bonds, which in the opinion of Bond Counsel is
necessary in order for the authorization and direction provided in this resolution to be
carried out.
SECTION 12. Conditions of Approval. The approvals, authorization and direction
given by this resolution are conditioned upon the satisfaction of the requirements of
Section 6 hereof with respect to the issuance and sale of the Refunding Bonds. The
officers of the City designated above shall not take any action with respect to the
execution and delivery of the Fiscal Agent Ag reement, the Escrow Agreement and the
Bond Purchase Agreement or the issuance, sale and delivery of the Refunding Bonds
unless and until such conditions are satisfied; p rovided, however, that upon satisfaction
of such conditions, this resolution shall be fully effective and shall be carried out by such
officers without further approval or action of the City Council. The approvals, authorization
and direction provided by this resolution shall continue, subject to the satisfaction of such
conditions, until [December 31], 20[26], and the Refunding Bonds may be sold, and the
Refunding Bonds, the Fiscal Agent Agreement , the Escrow Agreement and the Bond
Purchase Agreement may be dated, entered into, executed and delivered or distributed,
as appropriate, on any date selected by the Authorized Representatives and the
Purchaser prior to said date.
SECTION 13. Effect. This resolution shall take effect immediately upon its
passage.
PASSED, APPROVED, and ADOPTED this 5th day of May 2026, by the following
vote:
AYES: Vandever, Sanchez, Ayala, Ruiz
NAYS: None
ABSENT: Ledezma
ABSTAIN: None
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CITY OF SAN JACINTO:
________________________
Crystal Ruiz, Mayor
ATTEST:
_________________________
Jill Theriot, Deputy City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
____________________________
Craig P. Hayes, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
I, Jill Theriot, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY
that the foregoing Resolution No. 4119 was passed, approved, and adopted at the
Regular Meeting of the San Jacinto City Council on the 5th day of May 2026, by the
following vote:
AYES: Vandever, Sanchez, Ayala, Ruiz
NAYS: None
ABSENT: Ledezma
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 5th day of May 2026.
________________________________
Jill Theriot, Deputy City Clerk
City of San Jacinto
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EXHIBIT A
GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the
Refunding Bonds in accordance with California Government Code Section 5852.1. Such
good faith estimates have been provided to the District by the Municipal Advisor in
consultation with the Underwriter.
Principal Amount. The Municipal Advisor has informed the District that, based on
the financing plan and current market conditions, it’s good faith estimate of the aggregate
principal amount of the Refunding Bonds to be sold is $8,255,000 (the “Estimated
Principal Amount”), which excludes approximately $684,538 of net premium estimated to
be generated based on current market conditions. Net premium is generated when, on
a net aggregate basis for a single issuance of bonds, the price paid for such bonds is
higher than the face value of the bonds.
True Interest Cost of the Refunding Bonds. The Municipal Advisor has informed
the District that, assuming that the Estimated Principal Amount of the Refunding Bonds
is sold, and based on market interest rates prevailing at the time of preparation of such
estimate, its good faith estimate of the t rue interest cost of the Refunding Bonds, which
means the rate necessary to discount the amounts payable on the respective principal
and interest payment dates to the purchase price received f or the Refunding Bonds, is
3.36%.
Finance Charge of the Refunding Bonds. The Municipal Advisor has informed the
District that, assuming that the Estimated Principal Amount of the Refunding Bonds is
sold, and based on market interest rates prevailing at the time of preparation of such
estimate, its good faith estimate of the f inance charge for the Refunding Bonds, which
means the sum of all fees and charges paid to third parties (or costs associated with the
Refunding Bonds), is $355,012.
Amount of Proceeds to be Received. The Municipal Advisor has informed the
District that, assuming that the Estimated Principal Amount of the Refunding Bonds is
sold, and based on market interest rates prevailing at the time of preparation of such
estimate, its good faith estimate of the a mount of proceeds expected to be received by
the District, on behalf of the City, for the sale of the Refunding Bonds, less the finance
charge of the Refunding Bonds, as estimated above, and any reserves or capitalized
interest paid or funded with proceeds of th e Refunding Bonds, is $8,584,364.
Total Payment Amount. The Municipal Advisor has informed the District that,
assuming that the Estimated Principal Amount of the Refunding Bonds is sold, and based
on market interest rates prevailing at the time of preparation of such estimate, its good
faith estimate of the total payment amount, which means the sum total of all payments
the District will make to pay debt service on the Refunding Bonds, plus the finance charge
for the Refunding Bonds, as described above, not paid with the proceeds of the Ref unding
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Bonds, calculated to the final maturity of the Refunding Bonds, is $10,160,894 (excluding
any offsets from reserves or capitalized interest).
The foregoing estimates constitute good faith estimates only. The actual principal
amount of the Refunding Bonds issued and sold, the true interest cost thereof, the finance
charges thereof, the amount of proceeds received therefrom and total payment amoun t
with respect thereto may differ from such good faith estimates due to (a) the actual date
of the sale of the Refunding Bonds being different than the date assumed for purposes of
such estimates, (b) the actual principal amount of Refunding Bonds sold bei ng different
from the Estimated Principal Amount, (c) the actual amortization of the Refunding Bonds
being different than the amortization assumed for purposes of such estimates, (d) the
actual market interest rates at the time of sale of the Refunding Bon ds being different
than those estimated for purposes of such estimates, (e) other market conditions, or (f)
alterations in the financing plan or finance charges, or a combination of such factors. The
actual date of sale of the Refunding Bonds and the actua l principal amount of Refunding
Bonds sold will be determined by the District, on behalf of the City, based on the timing
of the need for proceeds of the Refunding Bonds and other factors. The actual interest
rates borne by the Refunding Bonds will depend on market interest rates at the time of
sale thereof. The actual amortization of the Refunding Bonds will also depend, in part, on
market interest rates at the time of sale thereof. Market interest rates are affected by
economic and other factors beyond th e control of the District.
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