HomeMy WebLinkAboutAssessment District 2004-02 File 2 Sunterrace �`
May 25 , 1995 ,
Ramon A Diaz
Assistant City Manager,
Director of Community Development
City of Palm Desert
73510 Fred Waring Drive
Palm Desert Ca 92260
Dear Ray:
I am requesting that the city pay me the additional land
value for the right of way land at $2 .50 per square foot
that amounts to $109 ,287 .
Please see attached letter from AAA Appraisal showing
their valuation of the property.
I additionally request funds from the Assessment District
for my portion of the median on Eldorado Drive and Hovely
Lane of $19 ,327 .50 per Joe Gaugush and Paul Gibson.
Very truly yours,
Robert B. Varner
RBV/alt
cc: John Brown
ARNIOt R WAY • PALM DESERT.CA y"60 f.�'.BOX 40,1e • f ALM DESERT.CA y':61 �6191��I.S'_C' FAX lhi>>
isal e Rea, ate Valuation
19.251.7878/ FAX Call•4FAX
AAAAPPg
Commercial c Industrial n Residential
May 24, 1995
Mr. Paul Gibson
City of Palm Desert
Finance Department
73-510 Fred Waring Drive
Palm Desert, CA 92260
Mr. Gibson:
roject and the value of the !and being
This letter
is bein written in reference to the Sunterrace p
dedicated by Mr. Varner. '
on the property to be dedicated I would estimate a rbased this e of lue estbrnate on
etween
Without a full analysisp per square foot, I have
$80,000 to $120,000 per acre or$1:$4 and $wh ch wound be comparable, following adjustment!,
the price of vacant land in the general vian y
to the Var
ner Sunterrace property, and the amount of land which he higher end ofd the tvaluesrange
be noted that the Sunterrace land would most likely be a
g to Mr. Varner the land area in question is in the neighborhood
because of the location. Accordin
of 175,678 t square feet or the equivalent of 4.00 t acres.
If questions arise please do not hesitate to contact me.
Best Regards,
Miner / AAA Appraisal
AAA�1pp�rarsale Real Estate Valuation aAa
CoMfneICJBI a ln�1 a/7es+ab�
ppra.:.Ws a con5LWAN a JnSMd—S*fY1r,BJ a A/Y*Er SWA"
Joseph A. Miner
real estate analyst/appraiser
c�uro..,�ce„s�i c,mAcanon
66328Pie�Blvd.,DesertHot SPPNVs•Ca 92240
BUS 619.251.7878 CALL FOR FAX#
Professional Rea/Estate AppraiSefS a Analysts a COMU/tantsrin Ca 92240
66328 Pierson Blvd., Desert Hot Springs,
lSuntetnce
City of Palm Desert
Financing Department
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: PAUL GIBSON
RE: CITY OF PALM DESERT ASSESSMENT DISTRICT NO. 94-2
SUNTERRACE PROJECT.
Dear Paul,
It was nice of you to meet with me, Gill Bahadur from AEG, Inc. and
Joe Gaugush from the city. We discussed the above listed City of
Palm Desert assessment district 94-2 improvement costs. All the
required infrastructure improvements have been 100% completed and
paid by the city.
Because of our competitive bidding processes, you told me that
there is surplus money left in the assessment district budget as
explained below:
ITEM I TOTAL PUBLIC IMPROVEMENT TO BE ACQUIRED = $ 94, 141 . 00
ITEM II TOTAL INCIDENTAL EXPENSES = $ 44, 643.00
ITEM III ADDITIONAL INTEREST RESERVE = $ 75, 474. 00
I Would like to request the city and the bond council i .e. Best,
Best and Krieger to do the following:
1 . For Item Ic of the assessment report for acquisition of right
of way I gave to the city 175, 678 square feet of land for the
offsite public street construction of Hovley Lane, Eldorado
Drive and Sandcastle Lane. I was reimbursed a total of
$329, 908. 00, only $1 .88 per square foot. I know the appraised
value for a finished lot is $10 . 22 per square foot.
I ask you and the bond council to consider a fair market value
of the unfinished land a price of $2 . 50 per square foot. I
should receive the total reimbursement of $439, 195 . 00 for the
acquisition of the right of way. So I expect to receive an
additional check from the bond issuance for the balance of
$109, 287 . 00 .
75 71),:Ah\1kVR WAY 1 I)FSGRT,(':A 1)"60 • 1'0 ROX 4689 I':A I_N 1)1aPk I.l':A��'?hl (619) W 5200 • FAX((,1,)) +.'S.
2 . I agree that the city should retain the amount of $29, 327. 50
in addition to the previously paid deposit of $8300 . 00 (total
$37, 627.50) for the future curbs and landscaping of Hovley
Lane and Eldorado Drive medians.
3 . It should be fine to transfer the $75, 474 . 00 from the
Improvement Fund to the Interest Reserve Fund.
I thank you, Mr. Ray Diaz, Joe Gaugush from the city, Mr. John
Brown from Best, Best and Krieger and Gill Bahadur from Advanced
Engineering Group, Inc. for their assistance to complete this
assessment district successfully.
If you have any questions, please feel free to call me_ I hope to
hear from you soon.
Sincerely,
SUNTERRACE PROJECT
Robert B. Varner
Owner
cc: Mr. Ray Diaz - Planning Dept.
Mr. Joe Gaugush - Public Works Dept.
Mr. John E. Brown - Best, Best and Krieger
Mr. Gill Bahadur - AEG, Inc.
Ms. Dawn Vincent - Stone & Youngberg
LAW OFFICES OF
BEST, BEST & KRIEL___t
January 24, 1995
RECEIVED
MEMORANDUM
JAN 2 5 1995
DOMMDNITY DEVELOPMENT DEPAITTWWT
TO: Ray Diaz and Paul Gibson CfTY OF PALM DESERT
FROM: John E. Brown
RE: City of Palm Desert Assessment District No. 94-2 (Sunterrace)
This is intended as a follow-up to my memorandum of December 8, 1994. I have
now had a chance to meet with Bob Varner and the Engineer of Work from Advance
Engineering Group. They have more carefully reviewed the current status of the draw down of
acquisition proceeds. I would recommend that we permit the contingency amount for the public
improvements to be acquired to remain at $92,469 as approved in the original Engineer's
Report, and that we apply that amount, where possible, to one or more of the items appearing
in the street improvements section. For example, if the governmental agency fees and deposits
in excess of the confirmed amount of $154,797 can be justified, then I would recommend that
a significant portion of the contingency moneys be so apportioned. In addition, I have requested
that the landowner and the Engineer of Work take a more careful look at the street
improvements in Hovley Lane, El Dorado Drive and Sandcastle Lane as well as the existing
improvements at Hovley Lane to determine whether justifications can be submitted by their
contractor supporting all, or at least most, of the amounts set forth in the original Engineer's
Report.
With respect to the acquisition of right-of-way, the approved amount is $299,916.
I have recommended that the landowner and the Engineer of Work confer with an appraiser and
JES250474
LAW OFFICES OF
BEST, BEST & KRIE�._.t
submit supporting documentation justifying the acquisition of right-of-way in that amount. In
addition, it seems to me that if a higher amount than $299,916 can be justified, that it may be
possible to apply some or all of the contingency money to that item as well.
There may be some savings realized in the incidental expenses category, and if
so, I would recommend reapplying those moneys to any of the eligible improvements in Items
1, 2 or 3. Finally, with respect to the debt service reserve fund, Section III (Bond Issuance
Costs) I would recommend that we retain the original approved amount of $183,200 and
capitalize additional interest so as to hopefully assist the absorption of this particular assessment
district.
JEB250474
-2-
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
TO: City Manager and City Council
FROM: Assistant City Manager/Director of Community Development
DATE: November 10, 1994
SUBJECT: Assessment District No. 94-2
RECOMMENDATION:
Adopt final resolutions for the establishment of Assessment District
No . 94-2 ( Sunterrace) .
DISCUSSION:
Attached are the final resolutions for adoption for the establishment
of Assessment District No. 94-2 ( Sunterrace) .
The purpose of this hearing is to hear any final protests to the
establishment of AD 94-2 . If owners of less than one-half ( 1/2 ) of the
area lands to be assessed protest, than council should proceed with the
district by adopting the series of resolutions herein attached.
Also for further clarification is attached a letter dated 31 October 94
from Bond Counsel John E . Brown on the process . Council has previously
received this letter at earlier discussions on this matter.
Also attached is the preliminary official statement of bond purchase
agreement for the above referenced financing.
RAMON A. DIAZ
ASSISTANT CITY MANAGER,
DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING
/tm
RECEIVED'
INTEROFFICE MEMORANDUM DEC 30 1994
CITY OF PALM DESERT
OOMMDNTTY DEVELOPMENT DEPF.RTWfC
CITY DE PALM DESERT
TO: Paul Gibson, Director of Finance
FROM: Joseph S. Gaugush, Senior Engineer
SUBJECT: ASSESSMENT DISTRICT 94-2 --- PAYMENT AUTHORIZATION
DATE: December 29 , 1994
I have reviewed the payment request submitted by A.E .G. on behalf
of Robert B. Varner for the above-referenced district. Based on
that review and the agreed-upon payment methodology, it would be
appropriate to release funds as follows :
* ROBERT B. VARNER
AND $49 , 639 . 70
GRANITE CONSTRUCTION CO.
* ROBERT B. VARNER
AND $17 ,243 . 00
SOUTHWEST CONSTRUCTION
The additional items listed (onsite streets and grading) are
not "payables" according to the district engineers report and no
payment is authorized for those items at this time .
JOSEPH S . GAUGUSH, P.E.
JSG/ms
cc: Richard J. Folkers
Ray Diaz
John Brown, Best, Best & Krieger
ADVANCED ENGINEERING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
December 23, 1994 W.O. 94-915
Mr. Joseph S . Gaugush
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: CITY OF PALM DESERT ASSESSMENT DISTRICT 94-2
BILLING APPROVALS FOR SUNTERRACE PROJECT
Dear Joe,
I have reviewed the billings from Granite Construction Company
and Southwest Construction and my approval for payments are as
follows :
A. TO GRANITE CONSTRUCTION COMPANY - Dated November 30, 1994
1 . OFFSITE STREET IMPROVEMENTS.
Total contract $155, 000 . 00
Amount approved for payments $ �- 70OK
ry
PA-1
Contract completed 32 . 02%
2 . ONSITE STREET IMPROVEMENTS .
Total contract $137, 264 . 00
Amount approved for payments $ 28, 149 . 25
Contract completed 20. 51 %
3 . ONSITE GRADING - PHASE 2 AND 3
Total contract $ 40, 600 . 00
Amount approved for payments $139, 400 . 00
Contract completed 97 . 04%
B. SOUTHWEST CONSTRUCTION
1 . OFFSITE STREET IMPROVEMENTS.
Total contract $ 54, 244. 00
74-1 40 EL PASEC, SUITE 5 • PALM DESERT, CA 92260 • TEL. (61 9) 341-6660 FAX (61 9) 346-61 1 8
W.O. 94-915
Page 2
Amount approved for payments $ 17, 243 . 00 OK
------------
PA�
Contract completed 31 . 79%
2 . ONSITE STREET IMPROVEMENTS .
Total contract $ 43, 202 . 00
Amount approved for payments $ 960 . 75
Contract completed 2 .22%
Attached herewith please find a copy of the contract with
Granite Construction Company and Southwest Construction.
Please feel free to call me if you have any questions or
comments .
Sincerely,
ADVANCED ENGINEERING GROUP, INC.
Gil�B�hadur, P.E.
Project Manager
BSG/lds
CONTRACTOR: PROJECT: SUNTERACE ELDORADO DR. 6 HOVLEY DATE: NOV. 31, 1994
GRANITE CONSTRUCTION COMPANY ROBERT B. VARNER
P.O. Box 9111 JOB NO: 225201
Palm Desert, CA 92255-9011 BILLING 1 12
PERIOD: NOV. 31, 1994 JOB CREDIT: 113931.61
-----DETAILED ESTIMATE----- ----THIS PERIOD---- ---PREVIOUS TOTAL--- ---TOTAL TO DATE--- PERCENT
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT COMPLETE
I.....=.. ........................I................................I..............................I.............................i..............................I..........
REMAIMIMG OFF SITE IMPROV I
ELDORADO DR. HOVLEY LANE 6
SANDCASTLE LANE
ill CLEARING 6 GRADING(INCL.EXCAV. 1.II LS 13,511.Of 1.111 13,511.10 1.111 13,511.11 III-IIt�
�12 5" AC OVER 11" CL II BASE 46,Ill.11 SF 1.41 7,117.111 9,819.Of 7,111.111 9,819.81 15.011�
�13 4" AC OVER 1" CL II BASE 69,351.Of SF 1.II II,403.off II,443.31 10,413.fit II,443.30 15.11%�
�14 CURB 6 GUTTER - TYPE I, B" C.F 3,167.Of LF 1.81 3,167.Ill 5,521.61 3,167.Oil 5,520.60 110-IIt�
MAKE GRADE FOR CONC.6 BACKFILLI
�15 CROSS GUTTERS 6" THICK 6 1 3,575.II SF 41 2,681.111 I,172.41 2,681.111 1,172.41 74.99%�
SPANDRELS. MAKE GRADE FOR CONCI
�16 SIDEWALKS NO.114,MAKE GRADE 21,825.II SF 41 21,734.111 8,293.61 21,734.Oil 8,293.61 95.11%
FOR CONCRETE q 1 1
�II ACCESS RAMPS STO.NO.111, MAKE 4.I I EA 251.I1 �t9,G31• 701
�18 REM. BARRICADE ( 81.II LF 3.I I
119 DRAINAGE OUTLET STRUCTURE 1.11 RIC
ONSITE ST. IMPROV. PHASE 2:
JONES DR. 6 NELSON LANE.
i1 CLEARING 6 GRADING(INCL.EXCAV. I.II LS 6,211.01 1 1.111 6,211.Of I 1.111 6,210.It 1 110 60%�
�02 3" AC OVER 4" CL 1I BASE 43,364.Of SF 1.15 6,505.111 6,831.25 6,515.Oil 6,831.25 15.00%�
�13 CURB 6 GUTTER - TYPE I, 6" C.F 3,918.Of LF 1.81
MAKE GRADE FOR CONC.6 BACKFILLI
ONSITE ST. IMPROV. PHASE 3:
PORTION OF NELSON LANE,HOGAM
DR.,HARRISON DR.6SARAZAN WAY.
�11 CLEARING 6 GRADING(INCL.EXCAV. I.II LS 6,751.11 1.111 6,750.It 1.111 6,1SI.II II1,IIt�
�02 3" AC OVER 4" CL II BASE 55,791.it SF 1.11 8,369.Ill 8,369.It 8,369.111 8,369.01 15.11t�
103 CURB 6 GUTTER - TYPE I, 6" C.Fj 3,201.11 LF 1.81 �.
MAKE GRADE FOR CONC.6 BACKFIILI
�14 CURB 6 GUTTER - TYPE I, 8" C.F 125.11 LF 1.81
4
--- -------------- -----------------------------------------------------------------------------------------
PAGE 1 OF 5
southwest Consi mon Co., Inc. MA ,D
::•' •'.2909.Rainbow Volley NY& Llce No.465118 •,'
,..
FQlibrook,CA 92028 (619)728-4476 1.
. �1$�IOC.D. 0' ROBERT .$. VARNER + '�
+ P.Q. BOX 4688 `11-0.8 �;:''•:`°''a �`' '•;
;z>''} Y• }".. ,.:1: . ... PALM DESERT, CA 92661 s''- :: 'L' :�t'••r•.'' '•
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; t /.i''r:'.. . .. •.., . . .•., 'INVOICE>iF,'��+:��y ����'�;•:•;��;
�'• . +1J.'' •..a.'.. •,' ,;.� Mkt 0,7�1•b'^�'i;,:f•�7:I":
=h�`Q�6aN girt DESCRIPTION `:: ,; .f. ,, ,•:r
,,t;:r„" • ..:,:xr� :' SUN7ERRACE TRACT .23�"4b:
i':•,•+ .' %;',i.••; PALM DESERT ,r r
�'. � •;�• :�.,;,;' •,•: ;: -OFFS 1 TE -�• ; :.,•. i;".rrl,::) rF'!1. :i^:`� •s_
;1, 062' CURS & GUTTER 8" 61 5..85•:LF �titS' ,7�243:$O�.
PHASE 2 r•; c+ :' _,1t.. :t.4; ';r,
CURB & GUTTER 6" �"5:2 "LF .r;) ;0
.:�, 1 :. S• ::. • ' J Y�':i'.'•..a=•y.
TOTAlL.-THIS •B ILL :t':�• 1.�18'r 204�.�.:9.
1 OUHAN
..' •.�«:1. !• 'i:• ::% :,, ~ '. ;: ,� •, .. .;,(;n,,�.• •t*�: ter �,i[�-;1s.
Or items furnished after said date.
Before any recipient of this document relies on it, said party should verify evidence of payment to
the undersigned-
DATED:• 1 3- SOUTHWEST CONSTRUCTION COMPANY, INC.
BY:
PRESIDENT
NOTE: This form complies with the requirements of Civil Code 3262 (d) '(1). It is to be used by'a party
who applies for a progress payment when the progress payment check has not yet cleared the
bank. This release only-becomes effective when the check, properly endorsed, has cleared the
bank.
TOTAL P.02
o �v
INTEROFFICE MEMORANDUM
CITY OF PALM DESERT RECEIVED
TO:
Paul Gibson, Finance Director DEC 21 1994
COMMUNITY DEVELOPMENT DEPARTMENT
FROM: Joseph S . Gaugush, Senior Engineer CITY OF PALM DESERT
SUBJECT: ASSESSMENT DISTRICT 94-2 (SUNTERRACE)
PRE-DISTRICT EXPENDITURES
DATE: December 21, 1994
We have reviewed the additional documentation pro ided by regarding both
Mr.
Robert Varner and his engineering group,
ual
costs incurred by ti Varner for treet provements ced assessmentvdistrict.
prior to the formation of the above refer n
he
roject
Based on our review
inspector' s sntreports threPmbursemenProin improvement
drawings and project
amount of $79 ,589 . 00 is appropriate.
Attached is a summary breakdown of the reimbursement costs for this
portion of the project.
/J02EPH S . GAUGUSH, P.E.
JSG/ms
Attachment
cc : Richard J. Folkers
Ray Diaz .
John Brown, Best, Best & Krieger
AD 94-2 HOVLEY LANE IMPROVEMENTS
Im DB9Ce MON QUANTITY AIG. UNIT I DOCUMD UNIT I TOTAL 9
COST COST I� DOGUKMM COST �
1. Clear & Grade L.S. $9,500.00 $9,500.00 $9,500.00 I
2. 4-inch A.C./7-inch CL2AB 16,600 S.F. 2.50 1.90 31,540.00
3. Sidewalk 2,890 S.F. 2.00 2.00 Imo_ 5,780.00 I
4. Curb & Gutter 420 S.F. 11.00 11.00 II 4,620.00
5. Access Ramp & Spandrel 2 Ea. 750.00 750.00 1,500.00
6. Cross-gutter 560 S.F. 3.00 325.00 1,820.00
I 7. Redwood Header 536 L.F. I 1.00 I 3.75 2,010.00
8. Barricade 38 L.F. I 1,000(L.S.) I 5.00/L.F. 1,900.00
9. Drain Structure 1 Ea. 500.00 500.00 500.00
10. Landscape
L.S. 3,080.00 3,080.00 3,080.00
11. Street Sign 1 Ea. 400.00 400.00 II 400.00
12. 2%-inch A.C./Native
8,359 S.F. 0 0.55 4,598.00 II
FEES I $12,341.00 II
II TOTAL $19;589.UQ
Prepared By: Joseph S. Gaugush (12/20/94)
JSG/lw/12-21-94
INTEROFFICE MEMORANDUM
CITY OF PALM DESERT
TO: Paul Gibson, Finance Director
FROM: Joseph S . Gaugush, Senior Engineer
SUBJECT: ASSESSMENT DISTRICT 94-2 (SUNTERRACE)
PRE-DISTRICT EXPENDITURES
DATE: December 19 , 1994
We have reviewed the documents provided by both Mr. Robert Varner
and his engineering group, AEG, regarding actual costs incurred by
Mr. Varner for public improvements prior to the formation of the
above-referenced assessment district.
Sewer and water facilities are substantially completed and the
documents submitted more than adequately reflect actual costs
incurred. The only items not completed with respect to sewer and
water is the raising of the water valves and sewer manholes to
finished asphalt grade. As we had discussed, it will be appropriate
to release the following funds for the sewer and water work
retaining ten percent as completion guarantee:
1 . Water: $36 ,256 . 00
(Less 10%) 3, 625 . 60
$32 , 630 . 40
2 . Sewer: $36, 060 . 00
(Less 10%) 3, 606 . 00
32 ,454 . 00
TOTAL: $65,084 .40
With respect to street improvements, the information submitted to
date does not justify reimbursement of $126 ,596 , as requested by
Mr. Varner. We are in the process of obtaining additional
information from the project engineers which will reflect a more
appropriate reimbursement amount.
Until such information is provided, it would be inappropriate to
release any funds associated with the street work.
," JO EPH S . GAUGUSH, P.E .
JSG/ms ~
cc : Richard J. Folkers
Ray Diaz
John Brown, Best, Best & Krieger
City of Palm Desert
73-510 FRED WARING DRIVE,PALM DESERT, CALIFORNIA 92260-2578
TELEPHONE(619)346-0611 FAX(619)340-0574
FACS =M=LE TRANSM2TTAL FO12M �(�S Ojos
DELIVER TO: �f a#
AGENCY/FIRM: k �-- c cr �1✓J� ''
DEPARTMENT: DATE: I?/�
ON ?fit
FAX NUMBER: ( Z�3>3��-Z 3�3 PHONE: souul
VERIFY: Pages INCLUDING this cover sheet. If this �,ecJ 141 rr
transmission is incomplete, immediately call person designated
below: Kot'1461 eN
FROM: Ls 1,
(11lz,y
DEPARTMENT: 'F� PHONE:
p�
COMMENTS:
eu %Z' Se-ACK )2 z `H
q yap ar►-• . See F�xt� ,L� �- A W if, Q�,�_
A"ca4- b- is �20l4100-
$1,832,000
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT 94-2 (SUNTERRACE)
WRITTEN REQUEST FOR DISBURSEMENTS FOR COSTS OF ISSUANCE
TO: Bank of America National Trust and Savings Association,
as fiscal agent
Pursuant to Section 3.05 of the Fiscal Agent Agreement dated as of
December 1, 1994, between the City of Palm Desert and Bank of America National Trust
and Savings Association, as Fiscal Agent, with respect to the above-captioned bonds (the
"Fiscal Agent Agreement"), you are hereby instructed to pay:
(a) The person(s) or corporation(s) designated on the attached Exhibit "A"
as Payee(s), and
(b) The sum set forth on an invoice to be submitted simultaneously with, or
subsequent to, this requisition,provided that such sum does not exceed the amount set forth
opposite such designation in the attached Exhibit "A" in payment or reimbursement of
portions of the Costs of Issuance (as defined in the Fiscal Agent Agreement), being costs
relating to the formation of Assessment District No. 94-2 (Sunterrace) of the City of Palm
Desert or of issuing the above-captioned Bonds, all as described in the attached Exhibit "A."
The amounts shown in Exhibit "A" constitute appropriate Costs of Issuance
to be paid from proceeds of the above-captioned Bonds, all pursuant to Section 3.05 of the
Fiscal Agent Agreement.
DATED: December yf . 1994.
CITY OF PALM DESERT FOR AND ON
BEHALF OF ASSESSMENT DISTRICT
NO. 94-2 (SUNTERRACE)
By: Qs Oi��
Paul S. Gibson, City Treasurer
BJS243320
EXHIBIT "A"
PAYEE FOR AMOUNT
Robert Varner Reimbursement of Rawland $201,478.00
Acquisition of offsite streets
which includes:
Hovely Lane 41,730 S.F.
Eldorado Drive 70,008 S.F.
Sandcastle Lane 37,505 S.F.
149,243 S.F.
Total Land Worth = 149,243 S.F.
@ $1.35 - $201,478.00
Payment to be made by wire transfer to:
Bank of America
Fl Pasco Branch
73820 H Pasco
Palm Desert,CA 92260
Account No.QS858-05717
Routing No.121000358
Robert Varner
BJS243320 -2
LAW OFFICES OF
BEST, BEST & KRIEGLr%
December 8, 1994
MEMORANDUM
TO: Ray Diaz and Paul Gibson
FROM: John E. Brown
RE: City of Palm Desert Assessment District No. 94-2 (Sunterrace) —
Pursuant to Paul Gibson's request, I have reviewed the request from Bob
Varner for disbursement of the right-of-way acquisition amount included in the confirmed
Engineer's Report. You will recall that Advanced Engineering Group prepared a detailed
breakout of the methodology used to compute that value and indicated a value of
$201,478.00. I've reviewed that matter and, at Paul Gibson's request, have done some
additional research to come up with supporting documentation for that figure. You may
recall that Advanced Engineering Group told me that they had simply taken the value for
recent right-of-way acquisition in an adjacent assessment district and had slightly reduced
it to $1.35 per square foot.
I thought that perhaps the best starting point for valuation of the underlying
fair market value of the land to be acquired for right-of-way is perhaps the appraisal report
summary prepared by AAA Appraisal of Cathedral City, California. You will recall that
that appraisal report summary is included in the Official Statement for this particular bond
issue. The appraisal indicates that the area of the assessment district is calculated at
1,009,820.07 square feet. The lowest value attached to the land included within the
assessment district in an "as if' Bulk Wholesale Value of the Finished Lots - CTC is
JEB244391
LAW OFFICES OF
BEST, BEST & KRIEGER
$5,496,000. According to my calculations that works out to a fair market value of$5.44 per
square foot. The figure used in the Engineer's Report to calculate the value of the
underlying right-of-way is considerably discounted from that value,appropriately in my view,
and the appraisal summary report would seem to support use of the $1.35 per square foot
figure. Certainly in a condemnation context, the City would be required to pay considerably
more than that for the fair market value of the underlying land.
I have enclosed for your review and submission to the Bank of America an
appropriate requisition to wire the money for the fair market value of the land to be
acquired to Bob Varner's account.
Enclosures
JEB244391
-2-
$1,832,000
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT 94-2 (SUNTERRACE)
WRITTEN REQUEST FOR DISBURSEMENTS FOR COSTS OF ISSUANCE
TO: Bank of America National Trust and Savings Association,
as fiscal agent
Pursuant to Section 3.05 of the Fiscal Agent Agreement dated as of
December 1, 1994, between the City of Palm Desert and Bank of America National Trust
and Savings Association, as Fiscal Agent, with respect to the above-captioned bonds (the
"Fiscal Agent Agreement"), you are hereby instructed to pay:
(a) The person(s) or corporation(s) designated on the attached Exhibit "A"
as Payee(s), and
(b) The sum set forth on an invoice to be submitted simultaneously with, or
subsequent to, this requisition, provided that such sum does not exceed the amount set forth
opposite such designation in the attached Exhibit "A" in payment or reimbursement of
portions of the Costs of Issuance (as defined in the Fiscal Agent Agreement), being costs
relating to the formation of Assessment District No. 94-2 (Sunterrace) of the City of Palm
Desert or of issuing the above-captioned Bonds, all as described in the attached Exhibit "A."
The amounts shown in Exhibit "A" constitute appropriate Costs of Issuance
to be paid from proceeds of the above-captioned Bonds, all pursuant to Section 3.05 of the
Fiscal Agent Agreement.
DATED: December , 1994.
CITY OF PALM DESERT FOR AND ON
BEHALF OF ASSESSMENT DISTRICT
NO. 94-2 (SUNTERRACE)
By:
Paul S. Gibson, City Treasurer
BJS243320
EXHIBIT "All
PAYEE FOR AMOUNT
Robert Varner Reimbursement of Rawland $201,478.00
Acquisition of offsite streets
which includes:
Hovely Lane 41,730 S.F.
Eldorado Drive 70,008 S.F.
Sandcastle Lane 37.505 S.F.
149,243 S.F.
Total Land Worth = 149,243 S.F.
@ $1.35 - $201,478.00
Payment to be made by wire transfer to:
Bank of America
El Pasco Branch
73M El Pasco
Palm Desert,CA 92260
Account No.0585945717
Routing No. 121000358
Robert Varner
BJS243320 -2
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'7'AL P.02
_ ADVANCED ENGINEERING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
November 29, 1994 W.O. 94-88
Mr. John E. Brown
BEST, BEST & KREIGER
400 Mission Square
2750 University Ave.
P.O. Box 1028
Riverside, CA 92502-1028
RE: CITY OF PALM DESERT, ASSESSMENT DISTRICT 94-2
(SUNTERRACE) , REIMBURSEMENTS TO ROBERT VARNER
Dear John,
I received your letter dated November 7, 1994, regarding the supportin
documentation for the City' s file of the proposed reimbursements to Mr. Varner,
we are pleased to forward these documents to you.
Listed below are our estimates of the cost to construct the existing improvement
on Novel• Lane and eawland Acquisition for Hovely Lane, Eldorado Drive an
Sandcastle Lane.
A. EXISTING OFFSITE STREET - HOVELY LANE
ITELM DESCR_VTION QUANTITY UNIT COST TOTAL AMOUNT
1 . CLEARING AND GRADING ------ LUMP SUM $ 9, 500. 0
2 . G', A.C. PAVINC- OVER 7" CLASS II
AGG. BASE. 39, 500 S.F. 2. 50 $ 81 , 250.0
3 . 6 ' !OIDE CONCRETE SIDEWALK 2, 890 S .F. 2 . 00 $ 5, 780. 0
4 . CURB AND GUTTER ( 8" C.F. ) 420 L.F. 11 . 00 $ 4, 620. 0
5 . ACCESS RAMP AND SPANDRAL 2 EA. 750 . 00 $ 1 , 500. 0
i
6 . CONCRETE CROSS GUTTER 560 S . F. 3 . 00 $ 1 , 680. 00
I
7 . STREET NAME SIGN 1 EA. 400 . 00 $ 400 . 00
I t.u t I i t 'A`31-0. ,.-Lit rC (i PALM I7(_SEni t J?2(3O i() .�x It !a) ::•u: f; t I I 1 .
ASSESSMENT DISTRICT
94-2
PAGE TWO
8. 2" X 4" REDWOOD HEADER 525 L.F. 1 . 00 $ 525 .00
9. STREET BARRICADES 1 EA. LUMP SUM $ 1 , 000.00
10 . OVERFLOW DRAINAGE STRUCTURE 1 EA. 500. 00 $ 500.00
11 . LANDSCAPING BETWEEN WALL &
SIDEWALK 3, 030 L.S. L.S. $ 7,500.00
12. AGENCY AND CITY FEES ------- ------- $ 12, 341 .00
SUB-TOTAL $ 126, 596.00
B. EXISTING OFFSITE WATER AND SEWER MAINS
a. WATER MAINS
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL AMOUNT
1 . 18" DIP WATER MAIN 507 L. F. 40 . 00 $ 20, 280 . 00
2 . 12" DIP WATER MAIN 50 L.F. 30 . 00 $ ' 1 , 500 . 00
3 . 18" X 12" TEE 1 EA. 1 , 250 . 00 $ 1 , 250 .00
4 . 1 $" BUTTERFLY VALVES 2 EA. 3, 500 . 60 $ 7, 000. 00
5 . 12" GATE VALVE 1 EA. 1 , 350 . 00 $ 1 , 350. 00
6 . CONNECTION TO EXIST. WATER MAIN L. S . $ 2, 126 . 00
7 . 18" X 18" REDUCER 1 EA. 750 . 00 $ 750 . 00
8 . 8" B.O. ASSY. 1 EA. 2, 000 . 00 $ 2, 000 . 00
SUB-TOTAL $ 36, 256. 00
ASSESSMENT DISTRICT
94-2
PAGE THREE
b. SEWER MAIN
ITEM DESCRIPTION OUANTITY UNIT COST TOTAL AMOUNT
1 . 10" VCP SEWER MAIN 430 L.F. 35 . 00 $ 15, 050. 00
2. MANHOLES 1 EA. 2, 500. 00 $ 2, 500.00
3 . RESHAPE EXISTING MANHOLE 1 EA. 1 , 000.00 $ 1 , 000.00
4. REMOVE & REPLACE EXIST. A.C.
PANT 7, 000 2.50 S 17, 500.00
SUB-TOTAL $ 36, 060.00
TOTAL COST FOR WATER & SEWER $ 72, 316.00
C. AGENCY FEES ALREADY PAID
TO CITY OF PALM DESERT $ 50, 000.00
TO ASSESSMENT ENGINEER $ 16, 250 . 00 -
TO AAA APPRAISALS $ 7, 500 . 00
TOTAL $ 73, 750. 00
D. RAWLAND ACQUISITION FOR OFFSITE STREETS
HOVELY LANE 41 , 730 S .F.
ELDORADO DRIVE 70, 008 S .F.
SANDCASTLE LANE 37, 505 S . F.
TOTAL AREA 149, 243 S .F.
TOTAL LAND WORTH = 149, 243 S . F. @ $1 . 35 = $ 201 , 478 . 00
ASSESSMENT DISTRICT
94-2
PAGE FOUR
NOTE: Our estimated land price is based on the considered land price of adjacent
Tract No. 25711 (City of Palm Desert Assessment Dist. 92-1 , Sierranova Project) .
TOTAL AMOUNT FOR ITEMS A, B, C AND D $ 474, 140.00
Please feel free to call me if you have any questions.
Sincerely,
ADVANCED ENGINEERING GROUP, INC.
I
Gil had
Project Manager
BSG/amo
BEST, BEST & KRIEGER
A p^q TN[R WCLYOWO MOIt�WONAL COw►O,AY,OM�
LAWYERS
400 MISSION SOUARE
3750 UNIVERSITY AVENUE ONTARIO
PALM SPRINGS
POST OFFICE BOX 1O28 (9p9)969-6684
(619)325-7264
RIVERSIDE.CALIFORNIA 926O2-1028
RANCHO MIRAGE TELEPHONE(900)666-i+60 SAN DIEGO
(619)568-2811 TELECOPIER(909)680-3O83 (619)596-1333
December 1, 1994
VIA UPS NEXT DAY AIR
Paul S. Gibson
City Treasurer
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Re: City of Palm Desert
Assessment District No. 94-2 (Sunterrace)
Dear Paul:
Enclosed is a Written Request for Disbursements for Costs of Issuance and
a suggested draft letter to the Fiscal Agent requesting a partial reimbursement of costs to
Robert Varner for the items for which we have received supporting documentation or in the
case of the land acquisition, costs which have been reviewed and approved by the City's staff
and Council. If this meets with your approval, please sign the Written Request for
Disbursements, have the letter prepared on City letterhead stationery and forward same via
overnight mail to the Bank of America.
Please call if you have any questions.
our y,
ohn E. Brown
of Best, Best & Krieger
JEB:bjs
Enclosures
cc: Ray Diaz)
BJS243365
[To be typed on City letterhead stationery]
December 1, 1994
VIA OVERNIGHT MAIL
Ashraf Almurdaah
Bank of America
National Trust and Savings Association
Corporate Trust 8510
333 South Beaudry Avenue
25th floor
Los Angeles, California 90017
Re: City of Palm Desert
Assessment District No. 94-2 (Sunterrace)
Dear Mr. Almurdaah:
Enclosed is a Written Request for Disbursements for certain Costs of Issuance
for the above-referenced financing. Please note that the enclosed request for disbursements
requests that only a portion of the proposed reimbursements set forth in the attached letter
dated November 29, 1994 from Advanced Engineering Group, Inc. be reimbursed at this
time.
The enclosed request for reimbursements also includes instructions for wire
transfer. We would appreciate it if you would issue payment to Robert Varner in the total
amount of $275,228.00 via wire transfer as soon as possible.
Your assistance is very much appreciated.
Yours sincerely,
Paul S. Gibson
City Treasurer
City of Palm Desert
Enclosures
cc: Ray Diaz
John E. Brown
BJS243337
$1,832,000
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT 94-2 (SUNTERRACE)
REQUEST FOR DISBURSEMENTS FOR COSTS OF ISSUANCE
TO: Bank of America National Trust and Savings Association,
as fiscal agent
Pursuant to Section 3.05 of the Fiscal Agent Agreement dated as of December 1,
1994, between the City of Palm Desert and Bank of America National Trust and Savings
Association, as Fiscal Agent, with respect to the above-captioned bonds (the "Fiscal Agent
Agreement"), you are hereby instructed to pay:
(a) The person(s) or corporation(s) designated on the attached Exhibit "A" as
Payee(s), and
(b) The sum set forth on an invoice to be submitted simultaneously with, or
subsequent to, this requisition, provided that such sum does not exceed the amount set forth
opposite such designation in the attached Exhibit "A" in payment or reimbursement of portions
of the Costs of Issuance (as defined in the Fiscal Agent Agreement), being costs relating to the
formation of Assessment District No. 94-2 (Sunterrace) of the City of Palm Desert or of issuing
the above-captioned Bonds, all as described in the attached Exhibit "A."
The amounts shown in Exhibit "A" constitute appropriate Costs of Issuance to be
paid from proceeds of the above-captioned Bonds, all pursuant to Section 3.05 of the Fiscal
Agent Agreement.
DATED: December 2, 1994.
CITY OF PALM DESERT FOR AND ON
BEHALF OF ASSESSMENT DISTRICT
NO. 94-2 (SUNTERRACE)
By:
Paul S. Gibson, City Treasurer
BJS243320
EXHIBIT "A"
PAYE EQR AMOUNT
Robert Varner Reimbursement of fees $ 73,750.00
already paid to City of
Palm Desert for Assessment
Engineer and AAA Appraisals
and reimbursement of deposit
to City.
Robert Varner Reimbursement of Rawland $ 201,478.00
Acquisition for offsite streets
which includes:
Hovely Lane 41,730 S.F.
Eldorado Drive 70,008 S.F.
Sandcastle Lane 37,505 S.F.
149,243 S.F.
Total Land Worth = 149,243 S.F.
$1.35 = $201,478.00
Payment to be nude by wire transfer to:
Bank of America
El Pasco Branch
73920 El Pasco
Palm Desert,CA 92260
Account No.0585"5717
Routing No. 121000358
Robert Varner
BJS243320 -2
RCS' BY:MA I LROO)I _ : 12- 1 -J4 _2 30P\1 —BEST. BEST & kR 1 EGER:# 2
VO/D AFTER 90 Bank of America DAYS 8017994045
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737AL P.02
rM
_ ADVANCED ENGINEERING GROUP. INC.
CIVIL ENGINEERS AND LAND SURVEYORS
November 29, 1994 W.O. 94-88
Mr. John E. Brown
BEST, BEST & KREIGER
400 Mission Square
2750 University Ave.
P.O. Box 1028
Riverside, CA 92502-1028
RE: CITY OF PALM DESERT, ASSESSMENT DISTRICT 94-2
(SUNTERRACE) , REIMBURSEMENTS TO ROBERT VARNER
Dear John,
I received your letter dated November 7, 1994, regarding the supportin
documentation for the City' s file of the proposed reimbursements to Mr. Varner,
we are pleased to forward these documents to you.
Listed below are our estimates of the cost to construct the existing improvement
on Hovely Lane and Plawland Acquisition for Hovely Lane, Eldorado Drive an
Sandcastle Lane.
A. EXISTING OFFSITE STREET - HOVELY LANE
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL AMOUNT
1 . CLEARING AND GRADING ------ LUMP SUM $ 9, 500. 0
2 . 4': A.C. PAVING OVER 7" CLASS II
AGG. BASE. 39, 500 S.F. 2. 50 $ 81 , 250. 0
3 . 6 ' WIDE CONCRETE SIDEWALK 2, 890 S .F. 2. 00 $ 5, 780. 0
14 . CURB AND GUTTER ( 8" C.F. ) 420 L.F. 11 . 00 $ 4, 620. 0
5 . ACCESS RAMP AND SPANDRAL 2 EA. 750 . 00 $ 1 , 500. 0
i
6 . CONCRETE CROSS GUTTER 560 S .F. 3 . 00 $ 1 , 680. 0
7 . STREET NAME SIGN 1 EA. 400 . 00 $ 400. 0
I
'.7 1.1(1 1_l. I 'ASE'0. ':I 11TC BALM (-)(_SERI l I AX (I1) 1!1l :'-7!i C-II III .
ASSESSMENT DISTRICT
94-2
PAGE TWO
8. 2" X 4" REDWOOD HEADER 525 L.F. 1 . 00 $ 525 . 00
9 . STREET BARRICADES 1 EA. LUMP SUM $ 1 , 000 .00
10. OVERFLOW DRAINAGE STRUCTURE 1 EA. 500 . 00 $ 500.00
11 . LANDSCAPING BETWEEN WALL &
SIDEWALK 3, 030 L.S. L.S. $ 7, 500.00
12. AGENCY AND CITY FEES ------- ------- $ 12,341 .00
SUB-TOTAL $ 126, 596. 00
B. EXISTING OFFSITE WATER AND SEWER MAINS
a. WATER MAINS
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL AMOUNT
1 . 18" DIP WATER MAIN 507 L . F . 40 . 00 $ 20, 280 . 00
2 . 12" DIP WATER MAIN 50 L.F. 30 . 00 $ 1 , 500 . 00
3 . 18" X 12" TEE 1 EA. 1 , 250 . 00 $ 1 , 250 .00
4 . 1 $" BUTTERFLY VALVES 2 EA. 3, 500 . 60 $ 7, 000 . 00
5 . 12" GATE VALVE 1 EA. 1 , 350 . 00 $ 1 , 350. 00
6. CONNECTION TO EXIST. WATER MAIN L.S . $ 2, 126 . 00
7 . 18" X 18" REDUCER 1 EA. 750 . 00 $ 750 . 00
8 . 8" B.O. ASSY. 1 EA. 2, 000 . 00 $ 2, 000 . 00
SUB-TOTAL $ 36, 256 . 00
ASSESSMENT DISTRICT
94-2
PAGE THREE
b. SEWER MAIN
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL AMOUNT
1 . 10" VCP SEWER MAIN 430 L.F. 35 . 00 $ 15, 050.00
2. MANHOLES 1 EA. 2, 500. 00 $ 2, 500.00
3 . RESHAPE EXISTING MANHOLE 1 EA. 1 , 000 .00 $ 1 , 000.00
4. REMOVE & REPLACE EXIST. A.C.
PAVEMENT 7, 000 2. 50 $ 17, 500.00
SUB-TOTAL $ 36, 060.00
TOTAL COST FOR WATER & SEWER $ 72, 316.00
C. AGENCY FEES ALREADY PAID
TO CITY OF PALM DESERT $ 50, 000 .00
TO ASSESSMENT ENGINEER $ 16, 250. 00 -
TO AAA APPRAISALS $ 7, 500 . 00
TOTAL $ 73, 750.00
D. RAWLAND ACQUISITION FOR OFFSITE STREETS
HOVELY LANE 41 , 730 S .F.
ELDORADO DRIVE 70, 008 S .F.
SANDCASTLE LANE 37, 505 S . F.
TOTAL AREA 149, 243 S .F.
TOTAL LAND WORTH = 149, 243 S . F. @ $1 . 35 = $ 201 , 478 . 00
ASSESSMENT DISTRICT
94-2
PAGE FOUR
NOTE: Our estimated land price is based on the considered land price of adjacent
Tract No. 25711 (City of Palm Desert Assessment Dist. 92-1 , Sierranova Project) .
TOTAL AMOUNT FOR ITEMS A, B, C AND D = $ 474, 140.00
Please feel free to call me if you have any questions .
Sincerely,
ADVANCED ENGINEERING GROUP, INC.
l
Gil had . .
Project Manager
BSG/amo
hi
PLEASE REMIT TO:
Aromas De La Rue Inc.
Thomas De La R* Inc. 4260 Pleasant Valley Road
Chantilly, Virginia 22021
(703) 502-0200
arcwvo
CITY OF PALM DESERT DEC O g Date: 11-28-94
73-510 Fred Waring Drive PALM DESERT CITY HAL
Palm Desert , CA 92260 CITY MANAGER Invoice No. WC-00065-94
Attn : Bruce Altman ra-7
Terms: Payable Upon Receipt
Printing of Limited Obligation Improve-
Bond Printing, Altera- $1500.00
tions & Overtime
QUANTITY: 500
REGISTERED: Yes
NUMBERING: 0001 & Up
SHIP DATE: 11-29-94
DESCRIPTION: Limited Obligation Improve-
ment Bond (Property Secured
Only - No Issuer Liability)
City of Pal Desert Assess-
ment District No. 94-2
(Sunterrace)
DELIVERED TO: Bank of America Proof Deliveries 169.00
701 S. Western Avenue & Shipping
Glendale, CA 91201
Attn: Vault Custodian
Sales Tax 123 .75
Amount Due $1792 .75
A Member of the De La Rue Group of Companies
BEST, BEST & K RI EG ER
A PARTNERSHIP INCLUOING PROFESSIONAL CORPORA,IONS
LAWYERS
400 MISSION SOUARE
PALM SPRINGS _ I ONTARIO
(619) 325-7264 3750 UNIVERSITY AVENUE
r 9)989-8584
POST OFFICE BOX 1028 V"
RANCHO MIRAGE RIVERSIDE. CALIFORNIA 92502
(619) 568.2611 TELEPHONE(909)686-1450 r�
TELECOPIER(909)686-3083 V
A (DDD
November 22, 1994 _
11 `
F.11 iFYCJ:i!ff19j i
TO ALL PARTIES INDICATED ON THE
ATTACHED DISTRIBUTION LIST:
Re: City of Palm Desert
Assessment District No. 94-2 (Sunterrace)
Ladies and Gentlemen:
Enclosed for your review are a draft set of closing documents which we have
prepared in connection with the above-referenced financing. We have arranged a signing
session for Tuesday, November 29, 1994, at the City Hall in Palm Desert. Since these
documents must be finalized on Monday, November 28,we would appreciate it if you would
call myself or Barbara Skinner at (909) 686-1450 with your questions or comments prior to
12:00 noon on Monday, November 28, 1994. -
The Fiscal Agent Agreement incorporating the comments requested by counsel
for the Fiscal Agent will be forwarded under separate cover tomorrow.
ohn E. Brown
of Best, Best & Krieger
JEB:bjs
Enclosures
BJS242116
LAW OFFICES OF
BEST, BEST & KRIEGER
November 22, 1994
CITY OF PALM DESERT
ASSESSMENT DISTRICT NO. 94-2 (SUNTERRACE)
INTERESTED PARTIES LIST
ISSUER
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
FAX: (619) 340-0574
* Bruce Altman, City Manager (619) 346-0611
* Ramon A. Diaz,
Director of Community Development and Planning (619) 346-0611
Sheila R. Gilligan, City Clerk (619) 346-0611
CITY ATTORNEY
Best, Best & Krieger
39700 Bob Hope Drive, Suite 312
P. O. Box 1555
Rancho Mirage, CA 92270 FAX: (619) 340-6698
(619) 341-7039
* David J. Erwin, Esq. (619) 568-2611
BOND COUNSEL
Best, Best & Krieger
400 Mission Square
3750 University Avenue
Riverside, CA 92502 FAX: (909) 686-3083
(909) 6824612
John E. Brown, Esq. (909) 686-1450
Barbara Skinner, Legal Assistant (909) 686-1450
ASSESSMENT ENGINEER
Advanced Engineering Group, Inc.
741-140 El Paseo, Ste. 5
Palm Desert, CA 92260 FAX: (619) 346-6118
Bahadur S. Gill (619) 341-6660
BJS235314 72500.0433
(CONTINUATION)
City of Palm Desert
Assessment District No. 94-2 (Sunterrace)
UNDERWRITER
Stone & Youngberg
15260 Ventura Blvd., Ste. 900
Sherman Oaks, CA 91403 FAX: (818) 789-1321
John L. Doyle (818) 906-0315
Dawn Vincent (818) 906-0315
DEVELOPERS
Bob Varner
75-795 Armour Way
Palm Desert, CA 92260 FAX: (619) 773-3287
Bob Varner (619) 341-5200
FISCAL AGENT
Bank of America
National Trust and Savings Association
Corporate Trust 8510
333 South Beaudry Avenue
25th Floor
Los Angeles, CA 90017
FAX: (213) 345-2333
Brigitta Long (213) 345-0659
COUNSEL FOR FISCAL AGENT
Morrison & Foerster
555 W. Fifth St., Ste. 3500
Los Angeles, CA 90013 FAX: (213) 892-5454
Renee D. Benjamin (213) 892-5216
BJS235314 72500.0433
LAW OFFICES OF
BEST, BEST & KRIEGE"
$1,832,000.00
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT NO. 94-2
(SUNTERRACE)
CLOSING MEMORANDUM
DATE AND TIME: Preclosing - November 30, 1994
2:00 P.M.
PLACE: Offices of Best, Best & Krieger
Hope Square Professional Centre
39700 Bob Hope Drive, Suite 312
Rancho Mirage, California 92270
DATE AND TIME: Closing - December 1, 1994
8:00 A.M.
PLACE: Offices of Best, Best & Krieger
Hope Square Professional Centre
39700 Bob Hope Drive, Suite 312
Rancho Mirage, California 92270
PARTIES AND COUNSEL
City of Palm Desert (the "City")
Advanced Engineering Group, Inc. ("Assessment Engineer")
Best, Best & Krieger ("Bond Counsel")
Stone & Youngberg ("Underwriter")
Bank of America National Trust and Savings Association, as Registrar, Transfer
Agent and Fiscal Agent ("Fiscal Agent")
Morrison & Foerster ("Fiscal Agent's Counsel")
LAW OFFICES OF
BEST, BEST & KRIEGER
The appropriate parties will present ten (10) copies of each of the closing documents
prior to the Closing to be held at the offices of Best, Best & Krieger on. December 1, 1994
at 8:00 a.m. (PDT). All documents not theretofore executed will be executed in advance
of the delivery of the Bonds by the respective parties thereto. At the Closing, the parties
will confirm that all documents and papers are on hand, in proper form and number, and
are properly executed. No documents will be deemed to have been delivered or payments
made until the final delivery of all documents and payment of funds is confirmed at the
Closing. All copies will be executed originals, unless otherwise indicated.
CLOSING DOCUMENTS
1. Resolution No. 94-118 Authorizing Issuance and Sale of Bonds.
2. Fiscal Agent Agreement.
3. Bond Purchase Agreement dated November 22, 1994.
4. Preliminary Official Statement dated November 14, 1994.
5. Final Official Statement dated November 22, 1994.
6. Opinion of City Attorney.
7. Final Opinion of Bond Counsel.
8. Reliance Letter of Bond Counsel addressed to the Underwriter.
9. Supplemental Opinion of Bond Counsel addressed to the Underwriter.
10. Signature Certificate of the City.
11. Closing Certificate of the City.
12. Federal Income Taxation and Arbitrage Certificate of the City and Rebate
Certificate.
13. Treasurer's Receipt.
14. Instructions to Fiscal Agent.
-2-
BJS241242
LAW OFFICES OF
BEST, BEST 6 KRIEGER
15. Receipt for the Bonds.
16. Incumbency Certificate of Fiscal Agent.
17. Fiscal Agent's Acceptance of Duties.
18. Fiscal Agent's Receipt of Funds.
19. Certificate of Underwriter as to Initial Offering Price of the Bonds and
Reserve Fund.
20. Report of Proposed Debt Issuance.
21. Report of Final Sale.
22. IRS Form 8038G.
23. Specimen Bonds.
-3-
BJS241242
BEST, BEST & KRIEGER
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
LAWYERS
400 MISSION SOUARE
PALM SPRINGS ONTARIO
(619) 325-7264 3750 UNIVERSITY AVENUE (g09)989-8584
_ POST OFFICE BOX 1028
RANCHO MIRAGE RIVERSIDE, CALIFORNIA 92502
(619) 568-2611 TELEPHONE(909)686-1450
TELECOPIER(909)686-3083
December 1, 1994
Stone & Youngberg
15264 Ventura Blvd., Ste. 900
Sherman Oaks, CA 91403
Re: $1,832,000.00
Limited Obligation Improvement Bonds
City of Palm Desert
Assessment District No. 94-2 (Sunterrace)
Ladies and Gentlemen:
This firm is Attorney of City of Palm Desert, California (the "City"). This
opinion is being rendered in connection with the sale to Stone & Youngberg (the
"Underwriter") of the $1,832,000.00 City of Palm Desert, Assessment District No. 94-2
(Sunterrace) Limited Obligation Improvement Bonds (the "Bonds").
We have examined the following and such other instruments as we have
deemed necessary: (i) applicable provisions of the Constitution and laws of the State of
California, (ii) Resolution No. 94-118 adopted by the City Council of the City on
November 10, 1994 (the 'Resolution"), (iii) the Fiscal Agent Agreement between the City
and Bank of America National Trust and Savings Association dated December 1, 1994 (the
"Fiscal Agent Agreement"), (iv) the Bond Purchase Agreement between the City and
Stone & Youngberg dated November 22, 1994 (the"Purchase Agreement"), (iv) the Prelimi-
nary Official Statement dated November 14, 1994, and the Official Statement dated
November 22, 1994 (together the"Official Statement"), and (v) the Bonds. Based upon such
examination, we are of the opinion that:
(i) The City is a municipal corporation duly organized and validly
existing under the laws of the State of California;
(ii) the resolution of the City approving and authorizing the
execution and delivery of the Fiscal Agent Agreement and approving the
Official Statement was duly adopted at a meeting of the governing body of the
LAW OFFICES OF
BEST, BEST & KRIEGER
Stone & Youngberg
December 1, 1994
Page 2
City which was called and held pursuant to law and with all public notice
required by law and at which a quorum was present and acting throughout;
(iii) the Fiscal Agent Agreement has been validly authorized, executed
and delivered by the City, and, assuming due authorization, execution and
delivery by the other parties thereto, constitutes the legal, valid and binding
agreement of the City, enforceable in accordance with its terms, except as
enforcement thereof may be limited by bankruptcy, insolvency or other laws
affecting the enforcement of creditors' rights and by the application of
equitable principles if equitable remedies are sought;
(iv) there is no action, suit, proceeding or investigation at law or in
equity before or by any court, public board or body pending with respect to
which the City has been served or, to the best of our knowledge, threatened
against or affecting the City, which would adversely impact the City's ability
to complete the transactions contemplated by the Fiscal Agent Agreement
and the Bonds, to restrain or enjoin the collection of the Assessments, or in
any way contesting or affecting the validity of the Bonds or the Fiscal Agent
Agreement or the transactions described in and contemplated thereby wherein
an unfavorable decision, ruling or finding would adversely affect the validity
and enforceability of the Bonds or the Fiscal Agent Agreement or in which
a final adverse decision could materially adversely affect the operations of the
City;
(v) the execution and delivery of the Fiscal Agent Agreement and
the approval of the Official Statement and compliance with the provisions of
the Fiscal Agent Agreement and hereof, under the circumstances contemplat-
ed thereby, do not in any material respect conflict with or constitute on the
part of the City a breach of or default under any agreement or other
instrument to which the City is a party or by which it is bound or any existing
law, regulation, court order or consent decree to which the City is subject
which breach or default has or may have a material adverse effect on the
ability of the City to perform its obligations under the Legal Documents;
(vi) no authorization, approval, consent, or other order of any court
or governmental body is required for the valid authorization, execution and
delivery of the Fiscal Agent Agreement by the City and the approval by the
City of the Official Statement or the consummation by the City of the
transactions on its part contemplated in the Purchase Agreement and in the
Official Statement, except such as have been obtained and except such as may
BJS241314
LAW OFFICES OF
BEST, BEST & KRIEGER
Stone & Youngberg
December 1, 1994
Page 3
be required under state securities or blue sky laws in connection with the
purchase and distribution of the Bonds by the Underwriter;
(vii) the Acquisition Agreement between the City and the Developer
relating to the acquisition and financing of the improvements to be financed
with proceeds of the Bonds was duly authorized by the City and (assuming
due authorization, execution and delivery by the other parties thereto, where
necessary) constitutes the legal, valid and binding agreement of the City
enforceable in accordance with its terms, subject to bankruptcy, reorganiza-
tion, insolvency, moratorium and other laws affecting the enforcement of
creditors' rights in general and the application of equitable principles if
equitable remedies are sought; and
(viii) as of the date hereof, the information contained in the Official
Statement under the captions "SUMMARY STATEMENT," "INTRODUC-
TION," '"THE DISTRICT," "SECURITY FOR THE BONDS," "NO LITIGA-
TION"and "APPENDIX C"(excluding therefrom statistical and financial data
as to which no opinion is expressed) is true and correct and such information
does not contain any untrue statement of a material fact required to be stated
in the Official Statement or omit to state any fact necessary to make the
statements made therein, in light of the circumstances under which they are
made, not misleading in any material respect.
Unless otherwise indicated, terms used herein with initial letters capitalized
have the meaning ascribed to them in the Purchase Agreement.
Sincerely,
David J. Erwin
of Best, Best & Krieger
City Attorney
City of Palm Desert
BJS241314
BEST, BEST & KRIEGER
A PARTNERSHIP INCLUDING PROrESSIONAL CORPORATIONS
LAWYERS
400 MISSION SQUARE
PALM SPRINGS ONTARIO
(619) 325-7264 3750 UNIVERSITY AVENUE (909)989-8584
POST OFFICE BOX 1028
RANCHO MIRAGE RIVERSIDE, CALIFORNIA 92502
(619) 568-2611 TELEPHONE(909)686-1450
TELECOPIER(909)686-3083
December 1, 1994
Mayor and City Council
City of Palm Desert
73-5107 Fred Waring Drive
Palm Desert, California 92260
Opinion: $1,832,000 Limited Obligation Improvement
Bonds, City of Palm Desert, Assessment District
No. 94-2 (Sunterrace)
Honorable Mayor and Members of the City Council:
We have examined the record of the proceedings taken by the City of Palm
Desert for the levy of special assessments, and the authorization and issuance of$1,832,000
principal amount of bonds (the 'Bonds"), being the amount of the unpaid assessments, with
respect to a special assessment district known as Assessment District No. 94-2 (Sunterrace),
City of Palm Desert, County of Riverside, State of California, pursuant to Resolution
No. 94-104 adopted by the City Council of the City of Palm Desert (the "City") on
September 22, 1994 (the 'Resolution of Intention").
The proceedings were taken pursuant to the Municipal Improvement Act of
1913 (Division 12 of the Streets and Highways Code of the State of California). The Bonds
are issued pursuant to the Improvement Bond Act of 1915 (Division 10 of the Streets and
Highways Code of the State of California) and a resolution adopted by the City Council of
the City of Palm Desert on November 10, 1994, (the 'Resolution"), and the Fiscal Agent
Agreement between the City and Bank of America National Trust and Savings Association
as the Fiscal Agent (the "Agreement").
The Bonds are designated United States of America, State of California,
County of Riverside, Limited Obligation Improvement Bond, City of Palm Desert,
Assessment District No. 94-2 (Sunterrace), and are bonds dated as of December 1, 1994, in
the denomination of$5,000 or any integral multiple thereof, with the exception of one bond
due in 1996 which may be an odd denomination. The Bonds bear interest from their date
to their date of maturity, payable semiannually beginning March 2, 1995, and thereafter on
BJS237454
LAW OFFICES OF
BEST, BEST & KRIEGER
Mayor and City Council
City of Palm Desert
December 1, 1994
Page 2
the second day of March and September of each year. The Bonds mature from
September 2, 1995 through September 2, 2014, in the principal amounts prescribed in the
Agreement.
The Bonds are issued in fully registered form. The Bonds may be redeemed
and paid in advance of maturity on the second day of March and September in each year
by giving the notice provided by law and by paying the principal amount thereof together
with a premium as provided in the Agreement.
Based upon our examination, we are of the opinion that the proceedings have
been taken in accordance with the law and Constitution of the State of California and that
the Bonds, having been duly issued, executed and delivered in the manner provided by law,
are regularly issued Bonds, and that the Bonds are secured by the monies in the redemption
fund created pursuant to the Improvement Bond Act of 1915 and by the unpaid assessments
made for the financing of the acquisition of the public improvements authorized by the
Resolution of Intention.
The Internal Revenue Code of 1986, as amended (the "Code"), contains
certain investment, rebate and related requirements which must be met subsequent to the
issuance and delivery of the Bonds for the interest on the Bonds to be and remain exempt
from federal income taxation. Noncompliance with such requirements could cause the inter-
est on the Bonds to be subject to federal income taxation retroactive to the date of issue of
the Bonds. The City has covenanted in the Resolution of Issuance to comply with the
requirements of the Code which are applicable to the Bonds.
Assuming compliance by the City with the aforementioned covenants, we are
of the opinion that the interest on the Bonds is excluded from gross income for purposes
of federal income taxation under existing statutes, regulations, rulings and court decisions.
We are further of the opinion that the interest on the Bonds is exempt from personal
income taxes imposed by the State of California under present state income tax laws. We
are further of the opinion that the interest on the Bonds is not a specific preference item
for purposes of the alternative minimum tax provisions of the Code. However, such interest
received by corporations will be included in corporate adjusted current earnings, a portion
of which may increase the alternative minimum taxable income of such corporations.
Although the interest on the Bonds is excluded from gross income for purposes of federal
income taxation, the accrual or receipt of such interest may otherwise affect the total income
tax liability of the recipient. The extent of these tax consequences will depend upon the
recipient's particular tax status or other items of income or deduction. We express no
opinion regarding any such tax consequences.
Respectfully submitted,
BJS237454
BEST, BEST & K RI EG ER
A PARTNERSHIP INCLUDING PROEE5510NAL CORPORATIONS
LAWYERS
400 MISSION SOUARE
PALM SPRINGS ONTARIO
(619) 325-7264 3750 UNIVERSITY AVENUE (909)989-8584
POST OFFICE BOX 1028
RANCHO MIRAGE RIVERSIDE, CALIFORNIA 92502
(619) 568-261, TELEPHONE(909)686-1450
TELECOPIER(909)686-3083
December 1, 1994
Stone & Youngberg
15260 Ventura Blvd., Ste. 900
Sherman Oaks, CA 91403
Re: $1,832,000.00
Limited Obligation Improvement Bonds
City of Palm Desert
Assessment District No. 94-2 (Sunterrace)
Ladies and Gentlemen:
We deliver to you herewith a copy of our opinion dated December 1, 1994 and
addressed to City of Palm Desert with respect to proceedings taken for the levy-of special
assessments, and the authorization and issuance of$1,832,000.00 principal amount of bonds
(the 'Bonds") upon the unpaid assessments thereof in and with respect to a special
assessment district known as Assessment District No.94-2(Sunterrace),City of Palm Desert,
County of Riverside, State of California, pursuant to Resolution No. 94-118 adopted by the
City Council of the City of Palm Desert on November 10, 1994, and the Fiscal Agent
Agreement dated December 1, 1994 between the City and the Fiscal Agent.
This is to confirm that you may rely on such opinion as though the same were
addressed to you.
Very truly yours,
BJS241311
BEST, BEST & K RI EG ER
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
LAWYERS
400 MISSION SQUARE
PALM SPRINGS ONTARIO
(619) 325-7264 3750 UNIVERSITY AVENUE (909)989.8584
_ POST OFFICE BOX 1028
RANCHO MIRAGE RIVERSIDE, CALIFORNIA 92502
(619) 568-261, TELEPHONE(909)686-1450
TELECOPIER(909)686-3083
December 1, 1994
Stone & Youngberg
15260 Ventura Blvd., Ste. 900
Sherman Oaks, CA 91403
Re: $1,832,000.00
Limited Obligation Improvement Bonds
City of Palm Desert
Assessment District No. 94-2 (Sunterrace)
Ladies and Gentlemen:
We have acted as bond counsel to the City of Palm Desert (the "City") in
connection with the issuance of its $1,832,000.00, Limited Obligation Improvement Bonds,
City of Palm Desert, Assessment District No. 94-2 (Sunterrace), (the 'Bonds"), and the
purchase of the Bonds by Stone & Youngberg (the "Underwriter"), from the City pursuant
to a Bond Purchase Agreement dated November 22, 1994 (the 'Purchase Agreement").
In our capacity as bond counsel, we have examined Resolution No. 94-118
adopted by the City Council of the City on November 10, 1994 (the "Resolution"), the Fiscal
Agent Agreement dated December 1, 1994 between the City and Bank of America National
Trust and Savings Association, as Fiscal Agent (the "Agreement"), the Official Statement
relating to the Bonds dated as of November 22, 1994, and an original or copy certified or
otherwise identified to our satisfaction as being a true copy of such records of the City and
other documents as we have considered necessary for the purposes of this opinion. We have
also obtained from public officials, officers and employees of the City such certificates and
other assurances as we consider necessary for the purposes of this opinion. In addition, we
have assumed the due authorization, execution and delivery of the Purchase Agreement by
the City.
LAW OFFICES OF
BEST, BEST & KRIEGER
Stone & Youngberg
December 1, 1994
Page 2
On the basis of the foregoing examination, and in reliance on all such matters
of fact and questions of law as we have deemed relevant to the circumstances, we are of the
opinion that:
(i) The statements contained in the Official Statement under the captions
'THE BONDS," "SECURITY FOR THE BONDS," "BONDOWNER'S
RISKS,"'TAX EXEMPTION"and in"APPENDIX E"thereto, insofar as such
statements purport to summarize certain provisions of the Bonds, the Fiscal
Agent Agreement, the Resolutions of the City with respect to the Bonds or
conclusions of law and legal opinions, present fair and accurate summaries
thereof.
(ii) The Bonds are exempt from registration pursuant to the Securities Act
of 1933, as amended, and the Fiscal Agent Agreement is exempt from
qualification pursuant to the Trust Indenture Act of 1939, as amended.
(iii) The Purchase Agreement has been duly authorized, executed and
delivered by the City and (assuming due authorization, execution and delivery
by, and enforceability against,the Underwriter)constitutes a valid and binding
agreement of the City enforceable according to its terms, subject to any
applicable bankruptcy, reorganization, insolvency, moratorium and other laws
affecting the enforcement of creditors' rights in general and the application
of equitable principles if equitable remedies are sought.
(iv) The Fiscal Agent Agreement creates a valid pledge of, lierr upon and
security interest in the proceeds of the Bonds and the moneys in all funds and
accounts established pursuant to the Fiscal Agent Agreement, including the
investment earnings thereon, subject in all cases to the provisions of the Fiscal
Agent Agreement permitting the application thereof for the purposes and on
the terms and conditions set forth therein.
Very truly yours,
BJS241455
r
$1,832,000.00
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT NO. 94-2
(SUNTERRACE)
SIGNATURE CERTIFICATE
We, the undersigned officers of the City of Palm Desert,California(the"City")
indicated by the official titles opposite our signatures, DO HEREBY CERTIFY that we
have caused to be signed, by facsimile signature as indicated below, the above-referenced
bonds (the 'Bonds") dated December 1, 1994, maturing in the following amounts on
September 2 of the following years and bearing interest at the rates shown below:
DATE PRINCIPAL INTEREST
(SeptemberZ AMOUNT RATE
1996 $ 47,000 5.75%
1997 50,000 6.25
1998 55,000 6.75
1999 55,000 7.00
2000 60,000 7.20
2001 65,000 7.40
2002 70,000 7.50
2003 75,000 7.60
2004 80,000 7.70
2005 90,000 7.80
2006 95,000 7.90
2007 100,000 - 8.00
2008 110,000 8.10
2009 120,000 8.10
Term Bonds maturing on September 2, 2014 in the principal
amount of$760,000.00 and bearing interest at the rate of 8.20%
The Bonds are serial and term bonds of the denomination of$5,000.00 each,
or any integral multiple thereof except one bond in an odd amount maturing in 1996. The
bonds bear interest from their date to their respective dates of maturity, payable semi-
annually commencing March 2, 1995, and thereafter on September 2 and March 2 of each
year.
WE FURTHER CERTIFY that we were at the time we signed the Bonds, and
also on the date of this Certificate, which is the date of actual delivery of the Bonds to
Stone & Youngberg, the original purchaser of the Bonds, the duly chosen, qualified and
acting officers indicated therein and authorized to execute the same, by manual signature
(indicated by "M" below) or by facsimile signature (indicated by"F' below); that the officers
herein indicated as executing the Bonds by facsimile signature have filed with the Secretary
of State of the State of California their manual signatures, certified by them under oath as
provided by the Uniform Facsimile Signatures of Public Officials Act (Government Code
Section 5500 gl=.); that no litigation of any nature is now pending restraining or enjoining
the issuance and delivery of the Bonds or the levy and collection of assessments to pay the
principal of and interest on the Bonds, or in any manner questioning the proceedings or the
authority under which the Bonds are issued or affecting the validity of the Bonds; that
neither the corporate existence nor the titles of the present officers of the City to their
respective offices is being contested; and that no steps or proceedings of any kind have been
taken to revoke, recall or repeal the proceedings for the issuance of the Bonds.
M or F Sianature Official Title
(M) City Clerk
(F)
(M) City Treasurer
(F)
I HEREBY CERTIFY that each of the above signatures is the true and genuine
signature of the person who is now the duly chosen, qualified and acting officer indicated
by the official title opposite such signature.
DATED: December 1, 1994.
CITY OF PALM DESERT
By:
Bruce Altman
City Manager
-2-
BJS241288
$1,832,000.00
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT NO. 94-2
(SUNTERRACE)
CLOSING CERTIFICATE OF THE CITY OF PALM DESERT
THE UNDERSIGNED, PAUL GIBSON, is the Treasurer of the City of Palm
Desert, County of Riverside, State of California (the "City"), and is duly charged, along with
other officers of the City,with the responsibility for authorizing and completing the sale and
delivery of the $1,832,000.00, City of Palm Desert, Assessment District No. 94-2
(Sunterrace), Limited Obligation Improvement Bonds (the 'Bonds"), which are being
delivered on the date hereof (the "Closing Date").
All terms which are not defined herein shall have the same meaning as in the
Bond Purchase Agreement by and between the City, and Stone & Youngberg, dated
November 22, 1994, pertaining to the Bonds (the "Purchase Agreement").
The undersigned hereby certifies on behalf of the City:
(a) the representations and warranties of the City contained in the
Purchase Agreement are true and correct in all material respects as of the Closing Date
with the same effect as if made on the Closing Date;
(b) to the best of my knowledge, no event has occurred since the date of
the Official Statement affecting the City which should be disclosed in the Official Statement
for the purpose for which it is to be used in order to make the statements and information
contained in the Official Statement not misleading in any material respect, and the Bonds,
the Legal Documents and the Fiscal Agent Agreement conform as to form and tenor to the
descriptions thereof contained in the Official Statement; and
(c) the City has complied with all the agreements, and has satisfied all the
conditions on its part to be performed or satisfied under the Purchase Agreement or the
Fiscal Agent Agreement on and prior to the Closing Date.
DATED: December 1, 1994.
CITY OF PALM DESERT
By:
Paul S. Gibson
Treasurer
BJS241285 -2-
$1,832,000.00
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT NO. 94-2 (SUNTERRACE)
CERTIFICATE OF THE CITY OF PALM DESERT
AS TO COMPLIANCE WITH FEDERAL INCOME TAXATION AND
ARBITRAGE REQUIREMENTS
On the date of this certificate, the City of Palm Desert (the "City")will
cause the issuance of the above-referenced bonds (the 'Bonds"). Together with other offi-
cials of the City, the undersigned is charged with the responsibility of authorizing the sale
and delivery of the Bonds.
Unless otherwise indicated by the context in which used, words and phrases
used herein have the meanings given to them in the Regulations (as hereinafter defined),
and the terms with initial letters capitalized have the meanings given in the financing
documents included in the final transcript of documents delivered at the Closing with
respect to the Bonds.
A. General.
1. This certificate is given for the purpose of setting forth the facts
and estimates upon which the City bases its reasonable expectation that the Bonds are not
arbitrage bonds. Applicable current federal law includes (i) Section 103 (b) and Section 148
of the Internal Revenue Code of 1986, as amended (the "Code"), and (ii) Sections 1.148 and
1.150 of the Regulations of the United States Department of the Treasury (the
"Regulations").
2. The Bonds are being issued under and pursuant to the
Constitution and laws of the State of California, including the Improvement Bond Act of
1915, Division 10 (commencing with Section 8500) of the California Streets and Highways
Code, a Fiscal Agent Agreement dated as of December 1, 1994 (the "Agreement") between
the City and Bank of America National Trust and Savings Association, as fiscal agent,
registrar and paying agent (the "Fiscal Agent"), and Resolution No. 94-118, adopted by the
City Council of the City on November 10, 1994 (the 'Resolution").
3. The Bonds are being issued to (i) finance the costs which have
been and will be incurred in connection with the acquisition of certain public improvements
(the 'Project") within and for the benefit of Assessment District No. 94-2 (Sunterrace), City
of Palm Desert, County of Riverside, State of California (the "Assessment District"), (ii) pay
interest on the Bonds, (iii) pay certain expenses incurred in connection with the issuance of
the Bonds (the "Costs of Issuance"), and (iv) to fund a reserve fund.
BJS241462
4. The Project consists of (a) water and wastewater system
improvements and facilities which have been constructed by and will be acquired from
Robert B. Varner (the "Developer") and transferred to Coachella Valley Water District
pursuant to an agreement between the City and the Developer (the "Acquisition
Agreement") and an agreement among the City, the Developer and Coachella Valley Water
District (the "Agreement for Acquisition, Conveyance and Operation of Water and Sanitary
Sewer System Improvements"); and (b) roadway widening improvements which have been
constructed by and will be acquired from the Developer and transferred to the City pursuant
to the Acquisition Agreement. Proceeds of the Bonds to be deposited in the Improvement
Fund will be expended to acquire the completed and existing water and sanitary system
improvements and facilities and the completed and existing street improvements.
5. Robert B. Varner is the developer of a residential community in
the City which is known as "SUNTERRACE." The Development consists of approximately
32 gross acres or 23 net developable acres. The Development consists of phases two
through four of a custom gated residential housing project known as the Sunterrace Project.
Phase one of the Sunterrace Project is not part of the District and is not being assessed.
The Development is planned to include 88 single family detached residential units with an
average lot size of 11,475 square feet.
B. The Bonds.
1. The receipts and disbursements with respect to the Bonds,
including the Costs of Issuance and underwriting discount, are detailed as follows:
SOURCES
Principal Amount $ 1,832,000.00
Less Underwriter's Discount 54,960,00 )
Total Sources $ 1,777,040.00
USES
Reserve Fund $ 183,200.00
Interest Account (1) 107,726.26
Costs of Issuance Fund 153,999.74
Improvement Fund $ 1,332,114.00
Total Uses $ 1,777,040.00
(1) Represents capitalized interest from December 1, 1994 through September 2, 1995.
BJS241462 -2-
2. The principal amounts, interest rates, interest and principal payment
dates, and debt service with respect to the Bonds are set forth in Exhibit A attached hereto
and incorporated herein by reference.
3. Using the initial offering price as the "purchase price" the yield on the
Bonds is 7.966913 percent.
4. The Agreement creates and establishes the following funds and accounts
with respect to the Bonds:
The Redemption Fund
The Improvement Fund
The Assessment Fund
The Costs of Issuance Fund
The Reserve Fund
The Interest Account (1)
The Assessment Prepayment Account (2)
The Rebate Fund
(1) This account is in the Redemption Fund.
(2) This account is in the Assessment Fund.
5. The Redemption Fund, will be used primarily to achieve a proper
matching of Assessment Revenues (as defined in the Agreement) and debt service on the
Bonds within each Bond Year. Pursuant to the Agreement, the Assessment Revenues
deposited in the Redemption Fund will be depleted at least once a year except for a
reasonable carry-over amount, if any, which will not exceed the greater of (i) one year's
earnings on such amounts during the preceding Bond Year, or (ii) one-twelfth of the annual
debt service on the Bonds for the preceding Bond Year.
6. On the date of this certificate, there will be deposited in the Interest
Account in the Redemption Fund from the proceeds of the sale of the Bonds (i) the amount
of $107,725.26, representing capitalized interest on the Bonds from December 1, 1994
through September 2, 1995. Such amounts will be applied to the payment of interest on the
Bonds.
7. Proceeds of the sale of the Bonds in the amount of$153,999.74 will be
deposited in the Costs of Issuance Fund and will be expended promptly for the payment of
Costs of Issuance. Taking into account the services rendered in conjunction with the
structuring and sale of the Bonds, the principal amount of the Bonds, the contingent nature
of the fees paid and costs incurred by the City in connection with the issuance and sale of
the Bonds, such costs of issuance are considered reasonable.
8. Proceeds of the sale of the Bonds in the amount of $183,200.00, an
amount equal to the Reserve Requirement (as defined in the Agreement),will be deposited
in the Reserve Fund. The Reserve Requirement is not greater than the lesser of: (i)
maximum annual Debt Service on the Bonds, (ii) 125 percent of average annual Debt
BJS241462 -3-
Service on the Bonds, or (iii) 10 percent of the issue price (net of accrued interest) of the
Bonds. The City has been advised by Stone & Youngberg, the underwriter of the Bonds
(the "Underwriter"), in a certificate delivered at the closing with respect to the Bonds, that
the Reserve Fund is reasonably required, is a vital factor in marketing the Bonds, and
facilitates the marketing of the Bonds at interest rates comparable to those of other bonds
of a similar type.
9. A binding obligation in an amount of not less than $100,000 to
commence design, construction, furnishing and equipping of the Project will be entered into
by the City within six months of the date of the delivery of the Bonds. As discussed in
paragraph 4 of Section A above, the City has entered into an agreement with Coachella
Valley Water District and the Developer with respect to the acquisition with proceeds of
the Bonds of completed and existing water and wastewater system improvements and
facilities and completed and existing roadway improvements. Acquisition and construction
of the Project will proceed with due diligence to the completion thereof. The City
understands that Coachella Valley Water District does not intend to sell or otherwise
dispose of the its part of the Project prior to the final maturity date of the Bonds, except
such minor parts or portions thereof as may be disposed of due to normal wear,
obsolescence or depreciation in the ordinary course of business. The amount of the
proceeds of the Bonds deposited in the Improvement Fund and in the Interest Account
representing capitalized interest on the Bonds on the date of this certificate and amounts
to be deposited therein as provided in the Agreement, are expected to be fully expended
to pay the costs of the Project and interest on the Bonds by July 31, 1995.
10. Other than the Assessment Fund,including the Assessment Prepayment
Account therein, the Redemption Fund, including the Interest Account therein, and the
Reserve Fund, there are no funds or accounts established pursuant to the Resolution, the
Agreement or otherwise that are reasonably expected to be used to pay Debt Service on the
Bonds or that are pledged as collateral for the Bonds and for which there is a reasonable
assurance that amounts on deposit therein will be available to pay Debt Service on the
Bonds if the City encounters financial difficulties.
11. The proceeds derived from the sale of the Bonds and the amounts on
deposit in the aforementioned funds and accounts will be invested without regard to yield.
However, the amount, if any, remaining on deposit in the Improvement Fund on
December 1, 1997 will be invested at a yield that is not materially higher (i.e., 1/8 %) than
the yield on the Bonds.
12. Moneys deposited in the Assessment Prepayment Account from
Assessment Prepayments (as defined in the Agreement) will be transferred to the
Redemption Fund, to the extent that the amount of Assessment Prepayments are to be
utilized for the redemption of the Bonds. However, the portion of any Assessment
Prepayment which relates to the prepayment of the portion of the Assessment levied on a
lot or parcel which is security for Additional Bonds will be retained in the Assessment
Prepayment Account until the Fiscal Agent receives an Officer's Certificate (as defined in
BJS241462 -4-
the Agreement) from the City instructing the Fiscal Agent to transfer the amount of deposit
in the Assessment Prepayment Account to the Improvement Fund to be utilized for the
construction of the Project. Such amounts will be invested at a yield that is not materially
higher than the yield on the Bonds.
C. Rebate Requirement
1. The City understands that Section 148(f) of the Code requires that an
amount equal to the sum of (a) the excess of the aggregate amount earned on all
Nonpurpose Investments over the amount that would have been earned if such Nonpurpose
Investments had a yield equal to the yield on the Bonds, plus (b) any income attributable
to the excess described in clause (a) be paid to the United States Treasury (the 'Rebate
Requirement"). The City has covenanted in the Agreement to comply with the requirements
of Section 148(f) of the Code and hereby covenants to comply with the rebate requirements,
as set forth in Sections 1.148-1 through 1.148-11 of the Regulations of the United States
Department of the Treasury, as amended from time to time, and any and all successor
regulations (the 'Rebate Regulations") to the extent that the Rebate Regulations are
applicable to the Bonds. Unless otherwise indicated, words and phrases used in this
Section C with initial letters capitalized have the meanings given to them in the Rebate
Regulations.
2. The City understands that pursuant to Section 148(f)(3) of the Code in
order to avoid having the Bonds become arbitrage bonds the City is required to pay the
Rebate Amount (as defined below), if any, to the United States Treasury at least once every
five (5) years as provided in paragraph 3 below; that each such installment must be paid no
later than 60 days after each of the computation dates identified in paragraph 3 below; and
that the last installment of the Rebate Amount must be paid no later than 60 days after the
last maturity of the Bonds is paid or redeemed and shall be in an amount sufficient to pay
the remaining balance of the Rebate Amount, if any.
3. The City further understands that pursuant to Section 1.148(3)(0 of the
Rebate Regulations the first installment of the Rebate Amount, if any, must be for a
computation date that is not later than five (5) years after the Issue Date (Le., December 1,
1994); that subsequent installment payments of the Rebate Amount must be made for a
computation date that is not more than five (5) years after the previous computation date
for which an installment payment was made; that each installment payment of the Rebate
Amount must be in an amount that, when added to the future value, as of the computation
date, of previous installment payments of the Rebate Amount equals at least 90 percent of
the Rebate Amount as of that date; and that for the final computation date, the final
payment of the Rebate Amount must be in an amount which, when added to the to the
future value of previous installment payments of the Rebate Amount, equals 100 percent
of the Rebate Amount as of that date. The City elects to have the initial Bond Year with
respect to the Bonds end on September 2, 1995. Accordingly, the first computation date for
purposes of determining the Rebate Amount with respect to the first installment payment
to the United States Treasury, if any, will be September 2, 1999, and, unless the Bonds are
redeemed or otherwise prepaid on an earlier date, the last computation date for the final
BJS241462 -5-
payment to the United States Treasury with respect to the Rebate Amount will be
September 2, 2014, the date of the redemption of the last maturity of the Bonds.
4. The City understands that the rebate requirement of the Rebate
Regulations may be satisfied if the Gross Proceeds of the Bonds are allocated to
expenditures for a governmental purpose of the Bonds (Le., acquisition and construction of
the Project) in accordance with the following schedule (the "18-Month Expenditure Test"):
(i) At least 15 percent within six months (the first spending period);
(ii) At least 60 percent within 12 months (the second spending period);
(iii) 100 percent within 18 months (the third spending period).
The City further understands that in addition to satisfying the 18-Month
Expenditure Test (i) the Rebate Requirement must be satisfied for all of the amounts which
are excepted from Gross Proceeds as defined in paragraph 5 below, including amounts on
deposit in the Redemption Fund (other than earnings on the Redemption Fund) and the
Reserve Fund, and (ii) all of the Gross Proceeds of the Bonds must qualify for the initial
temporary period under Section 1.148-2(e)(2) of the Rebate Regulations. The City under-
stands that all of the Gross Proceeds of the Bonds qualify for the initial three-year
temporary period pursuant to Section 1.148-2(e)(2) of the Rebate Regulations because, as
discussed in paragraph 9 of Section B of this certificate, the net sale proceeds and
investment proceeds of the Bonds are expected to be allocated to expenditures for the
acquisition and construction of the Project within three years of the Closing Date, and the
City expects to otherwise satisfy the requirements of that section.
The City further understands that all of the spending periods in the 18-
Month Expenditure Test commence on the Closing Date, and that the City will not fail to
satisfy the spending requirement for the third spending period as a result of unspent
amounts for Reasonable Retainage if the Reasonable Retainage is allocated to expenditures
within 30 months of the Closing Date.
For purposes of the definition of "Gross Proceeds" contained in
paragraph 5 below, the City does not expect (i) that any amount of the proceeds of the
Bonds or any other amount which is not expected to be Gross Proceeds of the Bonds as of
the date of this certificate will become Gross Proceeds after the end of the third spending
period, or (ii) that any amount of the proceeds of the Bonds will be spent for the repayment
of any Grant.
5. The City further understands that for purposes of the 18-Month
Expenditure Test, the following terms are defined in the Rebate Regulations as follows:
"Grant" means a transfer for a governmental purpose of money or property
to a transferee that is not a related party to or an agent of the transferor. The transfer must
BJS241462 -6-
not impose any obligation or condition to directly or indirectly repay any amount to the
transferor. Obligations or conditions intended solely to assure expenditure of the transferred
monies in accordance with the governmental purpose of the transfer do not prevent a
transfer from being a grant.
"Gross Proceeds" means the proceeds of the Bonds except the (i) amounts
on deposit in the Redemption Fund; (ii) amounts on deposit in the Reserve Fund, so long
as the amount on deposit therein does not exceed the Reserve Requirement; (iii) amounts
that, as of the Closing Date, are not reasonably expected to be Gross Proceeds but that
become Gross Proceeds after the end of the third spending period; (iv) amounts
representing sale or investment proceeds derived from payments under any Purpose
Investment of the proceeds of the Bonds; and (v) amounts representing repayments of
Grants financed by the Bonds. For purposes of determining compliance with the with the
first two spending periods, the amount of investment proceeds included in Gross Proceeds
of the Bonds will be determined based on the City's reasonable expectations on the Closing
Date.
"Purpose Investment" means an investment that is acquired to carry out the
governmental purpose of the Bonds (Le., acquisition and construction of the Project).
"Reasonable Retainage" means an amount not to exceed five percent of net
sale proceeds of the Bonds as of the end of the third spending period, that is retained for
reasonable business purposes relating to the construction financed with the proceeds of the
Bonds. For example, reasonable retainage may include a retention to ensure or promote
compliance with a construction contract in circumstances in which the retained amount is
not yet payable, or in which the City reasonably determines that a dispute exists regarding
completion or payment.
6. The City further understands that if the 18-Month Expenditure Test is
not satisfied, the Rebate Requirement must be satisfied as provided in paragraphs 2 and 3
above.
7. The City further understands that the amounts on deposit in the Reserve
Fund and the Costs of Issuance Fund will be subject to the Rebate Requirement regardless
of whether the 18-Month Expenditure Test is satisfied.
D. Miscellaneous
1. There are no other obligations of the City which (i) are issued at
substantially the same time as the Bonds; (ii) are sold pursuant to a common plan of
financing together with the Bonds; and (iii)will be paid out of substantially the same source
of funds (or will have substantially the same claim to be paid out of substantially the same
source of funds) as the Bonds.
2. No portion of the Bonds will constitute a private activity bond within
the meaning of Section 141(a) of the Internal Revenue Code of 1986 (the "Code"), the
BJS241462 -7-
average maturity of the Bonds is greater than five (5) years, and none of the interest rates
on the Bonds vary during the term of the Bonds. I understand that as a consequence of the
foregoing, investment earnings, if any, on the Redemption Fund (other than investment
earnings on the amount on deposit in the Interest Account representing capitalized interest)
will be excluded for the purposes of computation of the amount required to be rebated to
the United States as referenced in paragraph 1 above without regard to the total amount
of said earnings. I further understand that pursuant to Section 141 (a) of the Code, the
Bonds would be "private activity bonds" if more than 10 percent of the proceeds of the
Bonds would be used for any private business use, and if the payment of the principal of,
or interest on, more than 10 percent of the proceeds of the Bonds was directly or indirectly
secured by any interest in property used or to be used for a private business use or payments
in respect of such property, or was to be derived from payments (whether or not to the City)
in respect of property, or borrowed money, used or to be used for private business use.
3. No portion of the proceeds of the Bonds will be used as a substitute for
other funds (replacement funds) which are otherwise expected to be available to be used
as a source of financing for any part of the costs of the Project or for the payment of Debt
Service on the Bonds, and which have been or will be invested in securities, obligations,
annuity contracts or other investment-type property having a yield in excess of the yield on
the Bonds.
4. Except as specified herein, no funds which have been or will be used
to acquire, directly or indirectly, securities, obligations, annuity contracts or other
investment-type property producing a yield in excess of the yield on the Bonds have been
or will be pledged to the payment of Debt Service on the Bonds, and no transaction has
been entered into, directly or indirectly, in connection with the Bonds involving the swap of
fixed rate obligations for variable rate obligations or vice versa.
5. The transactions discussed in this certificate do not represent an
exploitation of the difference between tax-exempt and taxable interest rates to gain a
material financial advantage, and will not increase the burden on the market for tax-exempt
obligations, in that the Bonds are not being issued in an amount greater than is necessary,
nor are they being issued sooner, or to be outstanding longer than necessary.
6. The City has not been notified of any listing of it by the Internal
Revenue Service as an issuer that may not certify its bonds.
7. To the best of my knowledge, information and belief, the facts recited
above are correct, the expectations contained above are reasonable, and the covenants of
the City made with respect to the investment of moneys as set forth in the Agreement and
in this certificate are intended to constitute covenants on the part of the City on which Bond
Counsel and the Owners of the Bonds are entitled to rely with respect to the exclusion from
BJS241462 -8-
gross income for purposes of federal income taxation of interest on the Bonds received by
the Owners of the Bonds.
DATED: December 1, 1994
THE CITY OF PALM DESERT
By:
Paul S. Gibson, City Treasurer
BJS241462 -9-
EXHIBIT A
Payment Principal Interest Interest Debt Annual
Dates Amounts Rates Amounts Service Debt Service
Mar 2, 1995 $ 36,173.74 $ 36,173.76
Sep 2, 1995 71,552.50 71,552.50 $107,726.26
Mar 2, 1996 71,552.50 71,552.50
Sep 2, 1996 $47,000.00 5.750% 71,552.50 118,552.50 190,105.00
Mar 2, 1997 70,201.25 70,201.25
Sep 2, 1997 50,000.00 6.250% 70,201.25 120,201.25 190,402.50
Mar 2, 1998 68,638.75 68,638.75
Sep 2, 1998 55,000.00 6.750% 68,638.75 123,638.75 192,277.50
Mar 2, 1999 66,782.50 66,782.50
Sep 2, 1999 55,000.00 7.000% 66,782.50 121,782.50 188,565.00
Mar 2, 2000 64,857.50 64,857.50
Sep 2, 2000 60,000.00 7.200% 64,857.50 124,857.50 189,715.00
Mar 2, 2001 62,697.50 62,697.50
Sep 2, 2001 65,000.00 7.400% 62,697.50 127,697.50 190,395.00
Mar 2, 2002 60,292.50 60,292.50
Sep 2, 2002 70,000.00 7.500% 60,292.50 130,292.50 190,585.00
Mar 2, 2003 57,667.50 57,667.50
Sep 2, 2003 75,000.00 7.600% 57,667.50 132,667.50 190,335.00
Mar 2, 2004 54,817.50 54,817.50
Sep 2, 2004 80,000.00 7.700% 54,817.50 134,817.50 189,635.00
Mar 2, 2005 51,737.50 51,737.50
Sep 2, 2005 90,000.00 7.800% 51,737.50 141,737.50 193,475.00
Mar 2, 2006 48,227.50 48,227.50
Sep 2, 2006 95,000.00 7.900% 48,227.50 143,227.50 191,455.00
Mar 2, 2007 44,475.00 44,475.00
Sep 2, 2007 100,000.00 8.000% 44,475.00 144,475.00 188,950.00
Mar 2, 2008 40,475.00 40,475.00
Sep 2, 2008 110,000.00 8.100% 40,475.00 150,475.00 190,950.00
Mar 2, 2009 36,020.00 36,020.00
Sep 2, 2009 120,000.00 8.100% 36,020.00 156,020.00 192,040.00
Mar 2, 2010 31,160.00 31,160.00
Sep 2, 2010 130,000.00 8.200% 31,160.00 161,160.00 192,320.00
Mar 2, 2011 25,830.00 25,830.00
Sep 2, 2011 140,000.00 8.200% 25,830.00 165,830.00 191,660.00
Mar 2, 2012 20,090.00 20,090.00
Sep 2, 2012 150,000.00 8.200% 20,090.00 170,090.00 190,180.00
Mar 2, 2013 13,940.00 13,940.00
Sep 2, 2013 165,000.00 8.200% 13,940.00 178,940.00 192,880.00
Mar 2, 2014 7,175.00 7,175.00
Sep 2, 2014 175,000.00 8.200% 7,175.00 182,175.00 189,350.00
$1,832,000.00 $1,901,000.26 $3,733,001.26 $3,733,001.26
BJS241462
$1,832,000.00
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT NO. 94-2 (SUNTERRACE)
TREASURER'S RECEIPT
The undersigned, as Treasurer of the City of Palm Desert, County of
Riverside, State of California (the "City"), hereby certifies that on the date of this receipt
the City received from Stone & Youngberg, the purchaser of the above-referenced bonds
(the "Bonds") the sum of$1,777,040.00 for the purchase of the Bonds, after deduction of the
discount allowed to said purchaser in the amount of $54,960.00. The Bonds are dated as
of December 1, 1994, mature in the following amounts on September 2 of the following
years and bear interest at the rates shown below:
DATE PRINCIPAL INTEREST
(September 21 AMOUNT RATE
1996 $ 47,000 5.75%
1997 50,000 6.25
1998 55,000 6.75
1999 55,000 7.00
2000 60,000 7.20
2001 65,000 7.40
2002 70,000 7.50
2003 75,000 7.60
2004 80,000 7.70
2005 90,000 7.80
2006 95,000 7.90
2007 100,000 8.00
2008 110,000 8.10
2009 120,000 8.10
Term Bonds maturing on September 2, 2014 in the principal
amount of$760,000.00 and bearing interest at the rate of 8.20%
The Bonds are registered bonds, and bear interest from their date payable
commencing March 2, 1995, and semiannually thereafter on September 2 and March 2 of
each year.
DATED: December 1, 1994.
CITY OF PALM DESERT
By:
Paul S. Gibson
Treasurer
BJS241284
$1,832,000.00
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT NO. 94-2 (SUNTERRACE)
INSTRUCTIONS TO FISCAL AGENT
The undersigned hereby states and certifies to Bank of America National
Trust and Savings Association, as fiscal agent agent (the "Bank") under the Fiscal Agent
Agreement by and between the City of Palm Desert, California (the "City") and the Bank,
that:
(1) Pursuant to the authorization of the City, he is a duly appointed
representative of the City with authority to instruct the Bank regarding the authentication
of bonds.
(2) Pursuant to Resolution No. 94-118 adopted by the City Council of the
City on November 10, 1994, (the "Resolution of Issuance") and the Fiscal Agent Agreement
dated December 1, 1994, the City has executed and delivered to the Bank its Limited
Obligation Improvement Bonds, City of Palm Desert, Assessment District No. 94-2
(Sunterrace), in the aggregate principal amount of $1,832,000.00 (the "Bonds"). The Bank
is hereby authorized and directed to authenticate the Bonds by signing the certificate of
authentication appearing thereon and, on the date set forth below, to deliver the Bonds to
Stone & Youngberg (the "Underwriter"), upon wire transfer or direct deposit or delivery by
the Underwriter to the City or for the account of the City, the sum set forth in Exhibit A
attached hereto and incorporated herein by reference as the "Purchase Price for Bonds"
representing the total purchase price of the Bonds.
(3) Pursuant to the Fiscal Agent Agreement,the Bank is hereby instructed
to deposit the proceeds of the Bonds in the accounts and in the amounts as follows:
Improvement Fund $ 1,332,114.00
Redemption Fund, Interest Account $ 107,726.26
Reserve Fund $ 183,200.00
Cost of Issuance Fund 153,999.74
Total: $ 1,777,040.00
Such total amount represents $1,832,000.00 aggregate principal amount less
the Underwriter's discount in the amount of $54,960.00.
Dated: December 1, 1994.
CITY OF PALM DESERT
By:
Paul S. Gibson
Treasurer
BJS241281
EXHIBIT A
PURCHASE PRICE FOR BONDS
Principal amount of Bonds $ 1,832,000.00
Less Underwriter's Discount 54.960.00 1
Purchase price for Bonds $ 1,777,040.00
BJS241281 A-1
$1,832,000.00
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT NO. 94-2
(SUNTERRACE)
RECEIPT FOR THE BONDS
The undersigned, on behalf of Stone & Youngberg, the Underwriter with respect to
the above-referenced bonds (the 'Bonds") HEREBY CERTIFIES that on the date of this
receipt the Underwriter received from the City of Palm Desert serial and term bonds
designated Limited Obligation Improvement Bond,City of Palm Desert,Assessment District
No. 94-2 (Sunterrace), (the 'Bonds"), of the denomination of$5,000.00 each or any integral
multiple thereof, except for one Bond in an odd amount maturing in 1996, which Bonds are
delivered in definitive form and have been checked, inspected and approved by the
Underwriter. The Bonds are dated as of December 1, 1994, bear interest payable semi-
annually on September 2 and March 2 of each year, commencing on March 2, 1995, and
mature in the years and principal amounts, and bear interest at the respective rates per
annum as set forth in the following schedule:
DATE PRINCIPAL INTEREST
(September 2� AMOUNT RATE
1996 $ 47,000 5.75%
1997 50,000 6.25
1998 55,000 6.75
1999 55,000 7.00
2000 60,000 7.20
2001 65,000 7.40
2002 70,000 7.50
2003 75,000 7.60
2004 80,000 7.70
2005 90,000 7.80
2006 95,000 7.90
2007 100,000 8.00
2008 110,000 8.10
2009 120,000 8.10
Term Bonds maturing on September 2, 2014 in the principal
amount of$760,000.00 and bearing interest at the rate of 8.20%
DATED: December 1, 1994
Stone & Youngberg
By:
Dawn Vincent
-2-
BJS241277
$1,832,000.00
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT NO. 94-2
(SUNTERRACE)
ACCEPTANCE OF DUTIES OF FISCAL AGENT
The undersigned, an authorized officer of Bank of America National Trust and
Savings Association (the "Fiscal Agent"), acknowledges that the Fiscal Agent accepts the
appointment, and the duties and obligations imposed upon it, as Fiscal Agent in accordance
with the terms of the Fiscal Agent Agreement dated December 1, 1994 between the City
of Palm Desert and the Fiscal Agent.
Dated: December 1, 1994
BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION
By:
Authorized Officer
BJS241274
$1,832,000.00
LIMITED OBLIGATION BOND
CITY OF PALM DESERT
ASSESSMENT DISTRICT NO. 94-2
(SUNTERRACE)
FISCAL AGENTS RECEIPT OF FUNDS
The undersigned hereby states and certifies, on behalf of Bank of America National
Trust and Savings Association, as Fiscal Agent (the "Fiscal Agent") pursuant to Resolution
No. 94-118 adopted by the City Council of the City of Palm Desert on November 10, 1994
(the "Resolution") and a Fiscal Agent Agreement between the Fiscal Agent and the City of
Palm Desert dated as of December 1, 1994 (the "Fiscal Agent Agreement"), as follows:
(i) that on the date hereof the Fiscal Agent received from Stone & Youngberg, the
underwriter of the Bonds (the "Underwriter") the amount of $1,777,040.00 (being the
purchase price for the above Bonds) for transfer or deposit into the funds and accounts
established pursuant to the Resolution and the Fiscal Agent Agreement, as follows:
$ 107,726.26 for deposit into the Interest Account in the Redemption Fund
(representing capitalized interest on the Bonds from their date
through September 2, 1995); and
$ 183,200.00 for deposit into the Reserve Fund; and
$1,332,114.00 for deposit into the Improvement Fund; and
$ 153,999.74 for deposit into the Cost of Issuance Fund.
$1,777,040.00 TOTAL BOND PROCEEDS RECEIVED THIS DATE BY
THE FISCAL AGENT
BJS241256
(ii) that the Underwriter has informed the Fiscal Agent that said purchase price was
computed as follows:
$ 1,832,000.00 Principal amount
(S 54.960.00) Less Underwriter's discount
$ 1,777,040.00 TOTAL PURCHASE PRICE FOR THE BONDS
Dated: December 1, 1994 BANK OF AMERICA NATIONAL TRUST AND
SAVINGS ASSOCIATION,
as Fiscal Agent
By:
Authorized Officer
BJS241256
$1,832,000.00
LIMITED OBLIGATION IMPROVEMENT BONDS
CITY OF PALM DESERT
ASSESSMENT DISTRICT NO. 94-2
(SUNTERRACE)
CERTIFICATE OF UNDERWRITER
RE INITIAL OFFERING PRICE AND RESERVE FUND
This certificate is delivered with respect to the Reserve Fund created and
established pursuant to Resolution No. 94-118 adopted by the City Council of the City of
Palm Desert on November 10, 1994 authorizing issuance of the above-referenced bonds(the
"Bonds") and the Fiscal Agent Agreement dated December 1, 1994 between the City and
the Fiscal Agent.
The Reserve Fund is established to provide security for payment of debt
service on the Bonds over their term and to provide for the sale of the Bonds at marketable
interest rates and is funded in the amount of$183,200.00, which amount is less than or equal
to 10% of the proceeds of the sale of the Bonds, maximum annual debt service on the
Bonds, or 125% of average annual debt service with respect to the Bonds. After an
examination of the purposes for which the Reserve Fund has been established, we are of
the opinion that the funding of the Reserve Fund is a vital factor in marketing the Bonds
at interest rates comparable to those of other obligations of a similar type, and that the
amount initially deposited in the Reserve Fund is reasonably required for the purposes for
which the Reserve Fund has been established.
A substantial number (more than ten percent) of each maturity of the Bonds
have been initially offered to the public at the prices set forth on the cover of the Official
Statement prepared in connection with the sale of the Bonds; consequently, the issue price
of the Bonds is $1,832,000.00. The yield on the Bonds using an issue price of$1,832,000.00
is 7.976913%.
Dated: December 1, 1994.
STONE & YOUNGBERG
By:
Dawn Vincent
BJS241243