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SR-205-003 (282) -' ~,. . . 4ro1O II"'A- OCT 2 2 lit .:20 -y- C'd2 -- CA:RMM:lmd076a C~ty Council Meetlng 10-22-85 Santa Monica, Cal~fornia SUPPLEMENTAL STAFF REPORT TO: Mayor and Clty Council <. .. FROM: C~ty Staff SUBJECT: F~nancial Rating for Certificates of Participation Pertainlng to Certa~n Airport Facilitles l This supplemental Staff Report and attachments reflect varlous revislons and clarifications to the relevant legal doc~~ents appl~cable to the issuance of the above-referenced Certlficates of Partic1pation. These changes were required in order to sat1sfy financial rating agencles (e.g. S~andard & Poors) requlrements con- cerning protectlons for the Certificate holders' interests. It 1S lrnportant that the City obtaln a satisfactory ratin~ so that the Certlf1cates wlll be marketable. The speclfic revlsions are highlighted in the attached coples of the Lease Agreement Pertaining to Airport Facilities ("Lease Agreement"), Ground Lease and Trust Agreement. Briefly, the revlsions are as follows: 1. Lease A9reernent. a) Page 10, Section 401 "Term of Agreement II The term has been modified to provide that in the event the Certificates have not been paid, or pro-JtI)()~ VlSlon for payment thereof been made, the Lease l( ~;q te rm shall be extended until ten (10) days after OCT 22 1985 - 1 - , -.... . . all the Certlflcates have been paid, but in no event wll1 the Lease term be extended beyond October 1, 2017. Since the Lease payments do not commence unt11 the Facllities are useable, any delays in .... ... completing construction would delay payments to the Certlflcate holders. This extenslon provlsion is lntended to assure protect1on for the Certlflcate holders lf there are such constructlon delays. b) Page 15, Section 503. PubllC Llabl11ty Insurance and Section 505. Fire and Special Extended Coverage Endorsement. Each of these insurance provisions now speciflcally states that the deductible or self- lnsured retention shall be in an amount not to exceed $500,000 or such lesser amount as authorlzed by Clty'S liabllity lnsurance program. Additlonally, any self-insured retention shall be actuarlally sound. c) Page 16, Sectlon 507 nForm of Insurance Pollclesn ThlS section now requlres that before a plan of self-lnsurance may be provided by Clty, or prlor to any change in such plan, a certlficate of an actuary or lndependent lnsurance consultant or other quaIl fled person acceptable to Trustee, shall be flIed with the Trustee statlng that the plan of self-lnsurance or change in such plan, when effectlve would afford adequate protection - -~--- , .... . . to the Clty, Lessor and Trustee agalnst loss and damage from the hazards and risks required to be covered. 2. Ground Lease a) Page 2, Sectl.on 3. "Term." The term of the Ground Lease has also been mOdlfl.ed to provlde for an extension beyond October 1, 2007 in the event that Lease paYMents have not been paid. Such extension shall be until ten (10) days after all Certificates have been pal.d or provislon for payment has been made, except that the term shall ln no event extend beyond October 1, 2017. 3. Trust Agreement a) Page 5, (PerMltted Investments) subsections (iv), (v) and (Vl) have each added a requl.rement that the partlcular descrlbed lnvestments be rated AA or better by Standard & Poor's Corporatlon. b) Page 12 Sectlon 406 "Establishment and Ap:pllcatl.On of Special RedeMption Fund" ThlS provision has been mOdlfl.ed so that lnstead of stating a speciflc dollar amount for the Speclal Redemption Account, it requlres the Clty to pay to Trustee for deposit in such account an aMount sufflcient, when comblned with amounts aval.lable In other accounts wlthln the Airport Facilltles Fund, to redeero the Certiflcates lf requlred pursuant to Section 6l4{b). - 3 -