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HomeMy WebLinkAboutR03- Economic Development ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REQUEST FOR ('OMMIccION/COU C1L ACTIOft From: Barbara J. Lindseth Subject: Acting Director SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS Date: March 14, 1995 ------------ _ ____ _ SyRopsis of Previous Commission/Council/Committee Action(s): On March 2, 1992, the Mayor and Common Council authorized the defeasance of the City's outstanding Single Family Mortgage Revenue Refunding Bonds, Series 1990A, and approved an Escrow Trust Agreement relating to the defeasance. ------------ ---------------------------------------------- Recommended Motion(s) ---__-_--- �Mayor and Common Council) MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AMENDMENT NO. 1 TO ESCROW TRUST AGREEMENT IN CONNECTION WITH THE $18,840,000 CITY OF SAN BERNARDINO, CALIFORNIA, SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS (GNMA MORTGAGE-BACKED SECURITIES) SERIES 1990A. Administrator Barbara J. Lindseth ---------- Acting Director ------------------------------------- Contact Person(s) : Tim Steinhaus/Barbara Lindseth Phone: 5_ 0g1 Project Area(s): All Ward(s) : All Supporting Data Attached: Staff Report: Resolution; Amendment No. 1 FUNDING REQUIREMENTS: Amount: N/A Source: N/A - Budget-Authority: N/A ---------- ________________ Commission/Council Notes. - ------------------------------- BJL:2042A ---------------------- ------------- COMMISSION MEETING AGENDA Meeting Date: 3/20/1995 Agenda Item Number: „� ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO STAFF REPORT -------------------------------------------------------------------------------- Single Family Mortgage Revenue Refunding Bonds Background: In 1990, the City issued its $18,840,000 City of San Bernardino, California, Single Family Mortgage Revenue Refunding Bonds (GNMA Mortgage-Backed Securities) Series 1990A (the "Bonds") to provide for the refunding of certain outstanding bonds in order to make funds available for a home mortgage financing program (the "Program") . There were no home mortgages initiated under the Program, and the Bonds were defeased in 1992. The bond proceeds were therefore placed in escrow in order to provide for the payment of the Bonds at their respective maturity and sinking fund redemption dates. Since the Bonds were escrowed to either their maturity or sinking fund redemption dates, rather than to the first available redemption date, the escrowed Bonds were sold and the City was provided a one time payment of $556,436.10 for the purchase of the escrowed Bonds. Sabo & Green acted as Special Counsel to the City for the defeasance on the Bonds. Sabo & Green was contacted by the agent for 81% of the Bondholders requesting clarification by the City as to the terms of the defeasance Escrow Trust Agreement (the "Escrow Agreement") by and between the City and Bank of America National Trust and Savings Association as successor escrow trustee to Security Pacific National Bank. Although implied in the Escrow Agreement, there is no special language therein which states (i) that the Bonds are not subject to optional redemption, and (ii) that the Bonds will be paid at maturity or on the date they are subject to sinking fund redemption. Since the requested modification involves a clarification rather than a material alteration of the terms of the Escrow Agreement, Bondholder consent is not required. Recommendation: Based upon review of the Escrow Agreement, the proposed modification shall not affect the City or the Bonds and shall only provide further clarification to the Bondholders. Thus, counsel and staff recommend approval of the form motion. Barbara Lindseth, Acting Director ------------------------------------------------------------------------------- BJL:2042A COMMISSION MEETING AGENDA Meeting Date: 3/20/1995 Agenda Item Number: —