Loading...
1978-06 ....R ~~~l?f]DJ 00000 JIIB IOUTHEAnERn muniCIPAL Bon~ Inc. INVESTMENT BANKERS & FINANCIAL CONSULTANTS POST OFFICE BOX 3333 . ORLANDO, FLORIDA 32802 TELEPHONE (305) 628-0225 March 23, 1978 . Honorable Mayor and Members of the City Council City of Clermont, Florida Gentlemen: The City of Clermont, Florida, has previously issued Water and Sewer Revenue Refunding Bonds, of which approximately $1,725,000 are presently callable and outstanding. Through the development of an advance refunding program, the City can issue new bonds at substantially lower rates of interest. In addition, by restruc- turing the existing maturity schedule to permit the investment of early payments that are possibly being used to retire bonds, certain savings: in interest can accrue to the City. I I An outline of the manner in which we propose to serve you, upon your acceptance! of this proposal, is detailed below: . I 1. We wi~l make a more detailed analysis of the economic benefits that could be expected from an advance refunaing, providing comparative debt service schedules. 2. We will develop and present to you specific recommendations regarding pertinent details of the proposed refunding bonds, including their maturity schedules, redemption features, interest rates, basic security provisions and protective and other covenants. We will also suggest qualified in- vestments which would be escrowed for payment of the bonds to be refunded. All details of the refunding bonds and the escrowed investments shall be subject to the mutual satisfaction of the City of Clermont and ourselves. 3. We will assist you in drafting an Official Statement in connection with the financing and will develop the material to be included in it. I 4. We will work with bond counsel in the review of the pro- ceedings and preparation of the documents necessary to authorize the advance refunding, which bond counsel shall render their unqualified approving legal opinion in custom- ary market form regarding the refunding bonds. Honorable Mayor and Members of the City Council City of Clermont, Florida -2- March 23, 1978 5. We will make available for conference and consultation such of our personnel as may be reasonably required in order to allow you to proceed promptly and in an effi- cient and expeditious manner in your development of the refunding program. . 6. We will present specific suggestions as to a favorable time for the sale of the bonds, taking into consideration market conditions and other known offerings of similar bonds, and we will suggest appropriate terms and condi- tions to be utilized in connection with the sale of the bonds in order to achieve a favorable interest cost. 7. The Trustee shall furnish to the City prior to closing, certification as required by the City with respect to functions of the Trustee's investment account. 8. Underwriters will make available to the City prior to or at the time of closing the legal opinion of nationally recognized tax counsel, stating that they have reviewed and examined the details with respect to refunding, including form, manner and interest return of the invest- ment escrow account, and in the unqualified opinion of counsel this refunding and the investments associated with it in no way violates present Internal Revenue Services codes, regulations, and restrictions dealing with municipal refunding bonds. If and when all pertinent details of the refunding program have been established to our mutual satisfaction, including an interest cost savings of at least $250,000, it is understood that we will have the exclusive right to negotiate in good faith for the purchase by us and the sale by you of the bonds at a price and interest cost which is fair ~nd reasonable for bonds of similar type and security and commensurate with prices at which similar bonds are selling at that time. Th~ detailed terms and conditions of our purchase of the bonds shall be 'set forth in a subsequent written proposal, which shall specify all pertinent details. All of these details, including interest costs; shall be subject to our mutual satisfaction. In the event that the:advance refunding program for any reason is not accom- plished, the City will not be liable to us for any fees or charges for our servic~s rendered or for reimbursement of our expenses incurred. I I Your acceptance of this proposal by executing the acceptance clause below on the enclosed copy hereof and returning it to us will authorize us to engage in a detailed analysis and structuring of an advance refunding program; and if indicated by said analysis, to submit to you a commitment for the purchase of the bonds to effect such advance refunding. . Honorable Mayor and Members of the City Council City of Clermont, Florida -3- March 23, 1978 This agreement shall be in effect for a period of one hundred eighty (l80) days from its date of acceptance. Notwithstanding any of the above, it is understood that if we are unable, due to market conditions, to effect a mutually agreeable interest cost reduction, then you shall be free to terminate this authorization. Very truly yours, SOUTHEASTERN MUNICIPAL BONDS, INC. BY~{! ~ Accepted for and on behalf of the City of Clermont, Florida, this 3 ~ day of ApQ;/" 1978. (SEAL) (!l ~ Claude E. Smoak, Jr., Mayor ATTEST: Q~M4) rl ~