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<br />'. <br /> <br />In order to minimize this loss resulting from the different yields, and <br />to make the bond issue work from a revenue standpoint, the underwriters <br />have: <br /> <br />. <br /> <br />1. <br /> <br />divided the original issue into two phases, so that the Series <br />A bonds will finance Phase One of the development and Series B <br />bonds will finance Phase Two. <br /> <br />2. <br /> <br />cut the period during which mortgages can be originated from <br />three years to one year! <br /> <br />3. <br /> <br />arranged for the Developer to deposit a letter of credit for <br />$750,000 to cover any loss of revenue due to non-placement of <br />mortgages! <br /> <br />4. <br /> <br />provided for a penalty to be paid by the Developer for <br />placement of mortgages later than the scheduled takedown. <br /> <br />Mr. Luxembourger pointed out that the money was to be for Phase One but <br />that the authorization was for both Phase One and Two! he then asked if <br />there were guidelines available for Phase Two. Mr. Whipple advised that <br />guidelines would be worked out later and that, if the Agency found them <br />to be unsuitable, then the agreement between participating partners <br />would have to be renegotiated and it would then be presented to Standard <br />and Poors for a rating. <br /> <br />It The Executive Director suggested that it might be helpful to the Agency <br />to hear the comments of Mr. Andrew Hall on this point. Chairman Ward <br />invited Mr. Hall to address the Agency. <br /> <br />Mr. Hall advised the Agency that there was only one reference in all of <br />the documentation to the full amount needed to finance both phases. He <br />added that, at this time, the Agency is issuing the first phase. When <br />the second phase is issued, the entire process will have to be repeated. <br />It was thought prudent to mention the second phase in this authorization <br />due to the political climate in Washington as a result of the Ullman <br />Bill. Mr. Hall further assured the Agency that the reference to Phase <br />Two did not commit the Agency to the issuance of those bonds. <br /> <br />In response to a question from Chairman Ward, the City Attorney affirmed <br />that the documents under review by the Agency were for Phase One only. <br /> <br />Mr. Markel said <br />what was being <br />that he wanted <br />record as voting <br />. <br /> <br />that he wondered if anyone in the audience understood <br />said regarding this Phase One and Phase Two. He added <br />no portion of this redevelopment and wanted to go on <br />"no". <br /> <br />Mr. Serrato noted that Mr. Whipple represented Miller and Schroeder <br />Municipals, who has a vested interest to make as high a rate of profit <br />as possible. He then asked who was representing the City's interests as <br />to whether this was a fair offer. <br /> <br />Mr. Whipple replied that, as professionals, Miller and Schroeder, being <br />interested in maintaining their reputation for ethical behavior in the <br />field of redevelopment both in Santa Ana and elsewhere, would not <br />jeopardize their long term prospects by taking a short term unfair <br />profit. He stated further that the Developers involved were substantial <br />and, because of the burden being placed upon them, would most certainly <br />check this agreement with other underwriters. He added that, in <br />addition to securing the opinion of an independent financial consultant, <br />the Agency staff had reviewed the agreement thoroughly. <br /> <br />In response to a question from Mr. Griset, Mr. Whipple said that the <br />reason the rating on the bonds was not higher was that Standard and <br />poors felt there should be a minimum of 300 units (the Town Square <br />Project has only 158 units)in order to receive a higher rating than the <br />. B+ which was given. Mr. Griset asked if the combined number of units for <br />both phases (318) would qualify for a higher rating. Mr. Whipple stated <br />that Miller and Schroeder had wanted to make the Resolution an open-end <br />one in order commingle but that Standard and poors had stated that <br />because of the present unstable economic situation, this would lower the <br />rating. <br /> <br />2. <br /> <br />16 <br />