Resolution 349-1991
349-1991
A RBSOLtrn:ON OF THE
BOARD OF COOn:!::! COMI[[SSIOHBRS OF
HORROB COtJRTr, FLORIDA,
F I LEO F" C ;") ":- (' n R r
I ., Ii:.. 1\,." '. \" APPROVING THE ISSUARCB OF CERTAIN OBLIGATIONS
OF THE COtJRTr WITS RESPECT TO THE PLANTATION KEY
.92 1',1[1 -2 J&~SCEHT ~:!:J5l(., S1J&1ECT TO CBRTAnf CONDITIONS, IN ACCORDAHCB
,1.\ 'SECTION 147(f) OF THE IN'l'ERDL RBVENOB CODE OF 1986, AS AHERDED.
4
';"'1 I.
WBBImAS, Monroe county, Florida (the "Issuer), is a political subdivision
of the State of Florida and is empowered by the provisions of Article VIII,
Section 1 and Article VII, Section 10(c) of the Florida Constitution, and Part
II of Chapter 159, Florida Statutes (the "Act"), to issue obligations for the
purpose of financing health care facilities and of refunding obligations
previously issued for such purpose; and
WHEREAS, pursuant to the Act, the Monroe County Industrial Development
Authority has heretofore issued its $3,200,000 original aggregate principal
amount of Industrial Development Revenue Bonds (Plantation Key Convalescent
Center, Inc. Project), Series 1984 (the "1984 Bonds"); and
WHEREAS, the proceeds of the 1984 Bonds were utilized by Plantation Key
Convalescent Center, Inc. (the "Borrower") to finance the acquisition of and
construction of a nursing home facility located in Tavernier, Florida (the
"Project"); and
WHEREAS, in 1990, the Borrower obtained a second mortgage loan in the,
amount of $550,000, evidenced by its Promissory Note, dated March 22, 1990 (the
"Note"), to finance certain expenses related to the Project; and
WHEREAS, the Borrower has requested the Issuer to authorize the issuance
of not to exceed $3,700,000 aggregate principal amount of the Issuer's first
Mortgage Revenue Refunding Bonds for the purpose of refinancing the 1984 Bonds
and, in the discretion of the Borrower, the Note; and
WHEREAS, if issued by the Issuer, proceeds of the 1991 Bonds will be
utilized by the Issuer to discharge the 1984 Bonds and, if applicable, the Note;
and
WHEREAS, prior to the issuance of the 1991 Bonds, it is necessary and
desirable to conduct a. public hearing pursuant to Section 147(f} of the Internal
Revenue Code of 1986, as amended (the "Code"); and
WHEREAS, the Issuer has of even date herewith conducted a public hearing
to provide a reasonable opportunity for interested individuals to express thei~
views on the proposed issuance of the 1991 Bonds; and
WHEREAS, notice of such hearing, in substantially the form attached hereto
as Exhibit A, was published once at least 14 days prior to the date of this
meeting, in the Kevnoter, a newspaper of general circulation in the area of the
Issuer; and
1
~
WHEREAS, the Issuer wishes to provide preliminary authorization for the
issuance of the 1991 Bonds, subject to preparation of necessary documentation
and review thereof by the Issuer;
HOW, ~REFORE, BE I~ RESOLVED BY ~ BOARD OF COURrY COMMISSIONERS OF
MONROE COURrY, FLORIDA:
1. The issuance of the 1991 Bonds for the purpose of providing funds
to discharge the 1984 Bonds and, if applicable, the Note, is hereby approved
subject to further review by the Issuer arid execution by the Borrower of the
Memorandum of Agreement attached hereto as Exhibit B; all in accordance with
Section 147(f} of the Code.
2. The Issuer hereby determines that the issuance of the 1991 Bonds for
the purpose of refunding the 1984 Bonds and, if applicable, the Note, will
further the public purpose of the Act.
3. The officers, employees and agents of the Issuer are hereby
authorized and directed to take such further act.ion as may be necessary or
desirable to carry out the intent and purpose of this Resolution and the issuance
of the 1991 Bonds.
4. Squire, Sanders & Dempsey, Jacksonville, Florida, shall serve as bond
counsel to the County in connection with the issuance of the 1991 bonds; however,
their fee and expenses shall be paid by the Borrower.
5. This Resolution shall become effective upon its passage.
ADOPTED AND APPROVED, the 8th day of October, 1991.
Mayor Harvey
Mayor Pro Tem London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Yes
Yes
Yes
Yes
Yes
. . ~
\..k:) . tI~-" VV' ~ ~_ . ~
Mayor, Monroe County Board of
County Commissioners
Monroe County, Florida
ATTEST:DANNY L. KOLHAGE, Clerk
By
:!
Date
2
~
PUBLIC NOTICE
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE OF PUBLIC HEARING: Notice is hereby given that the Board of County
Commissioners of Monroe County, Florida, will hold a public hearing in the Lion 's
Club, 2405 North Roosevelt Boulevard, Key West, Florida 33040, commencing at
3:00 p.m. or as soon thereafter as possible on October 8, 1991, concerning the
proposed issuance by Monroe County, Florida, of its First Mortgage Revenue
Refunding Bonds, in an aggregate principal amount not to exceed $3,700,000, for
the purpose of (1) refunding the Monroe County Industrial Development Authority 's
Industrial Development Revenue Bonds (Plantation Key Convalescent Center, Inc.
Project), Series 19B4; and (2), in the discretion of Plantation Key Convalescent
Center, Inc. (the "Owner"), for the additional purpose of refinancing an
outstanding Promissory Note of the OWner, dated March 22, 1990, payable to Omega
Healthcare Partners, L.P., with respect to the project financed by such Bonds.
The Bonds were issued for the purpose of the acquisition and construction of the
Plantation Key Convalescent Center located at 4B High Point Road, Tavernier,
Florida 33070, which facility is a 120-bed nursing home owned and operated by
the Owner.
All interested persons are invited to attend the public hearing.
MONROE COUNTY, FLORIDA
!
By:
Thomas W. Brown,
County Administrator
EXH I B IT "A"
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement, dated as of October 8,
1991, is between MONROE COUNTY, FLORIDA (the "County"), a
political subdivision of the state of Florida, and PLANTATION KEY
CONVALESCENT CENTER, INC., a Florida corporation (the
"Borrower" ) .
BACKGROUND FACTS:
1. The County is authorized and empowered by the
provisions of the Constitution and laws of the State of Florida
to issue industrial development revenue bonds for the purposes of
providing funds to pay all or any part of the cost of any
"project" as defined in Chapter 159, Part II, Florida Statutes
(the "Act"), and to issue revenue refunding bonds with respect to
such projects.
2. The Borrower has requested the County to refund and,
if applicable, to provide funds to refinance, the outstanding
Industrial Development Revenue Bonds (Plantation Key Convalescent
Center, Inc. project), Series 1984, of the Monroe County
Industrial Development Authority, issued to finance a "health
care facility" as defined in the Act, and, in the discretion of
the Borrower, the outstanding Promissory Note (the "Note") of the
Borrower, dated March 22, 1990, payable to Omega Healthcare
Partners, L.P., with respec~ to the project (the "project")
financed by such Bonds (such refunding and/or refinancing
collectively, the "Refunding").
3 . The
the Refunding to
of Florida, and
welfare of the
inhabitants.
County desires to encourage the Borrower to seek
promote the economy of the County and the state
to otherwise contribute to the prosperity and
County and the State of Florida and its
4. The Borrower wishes to obtain assurances from the
County that it will finance, in whole or in part, the cost of
such Refunding from proceeds received from the sale of the
County's industrial development revenue bonds.
5. The county, by resolution duly adopted on the date
hereof, has indicated its willingness under certain circumstances
to proceed with such financing as an inducement to the Borrower
to arrange for private placement of industrial development
revenue refunding bonds of the County for such purpose.
EXH I B IT "B"
6. subject to compliance with all requirements of law,
including the requirements of the Act, the county desires to make
all reasonable efforts to issue and to sell its industrial
development revenue bonds in an aggregate amount up to, but not
in excess of, $3,700,000 (the "Bonds"), for the purpose of
financing the cost of the Refunding.
7. The County and the Borrower wish to enter into
certain agreements with respect to the issuance of the Bonds.
AGREEMENT:
SECTION 1.
Basic Agreements of County.
The County
agrees:
(a) that if the Borrower meets all prerequisites
for the issuance of the Bonds established by the County, and
otherwise required by law, the County will make all reasonable
efforts to authorize the issuance and sale of the Bonds pursuant
to the terms of the Constitution of the State of Florida, the Act
and this Memorandum of Agreement;
(b) that it will (but only to the extent of the
net proceeds received from the sale of the Bonds) make a loan to
the Borrower to finance the Refunding, with installment payments
due under a loan agreement between the County and the Borrower to
be at least sufficient to pay the principal of, interest on and
redemption premiums, if any, with respect to the Bonds as and
when the same shall become due and payable, together with all
other costs and expenses connected with the Refunding; and
(C) that in the event the County acquires an
interest in or a mortgage, on the project as part of the
Refunding, it will conveyor release any such interest it retains
in the project to the Borrower upon payment by the Borrower of
the amount required to retire the outstanding Bonds, and all
other costs connected with such financing.
SECTION 2. Basic Agreements of Borrower. The Borrower
agrees:
(a) that
county, at the expense
report regarding the
qualified independent
county;
as soon as possible, it will furnish the
of the Borrower, a financial feasibility
project and the Refunding, prepared by a
feasibility consultant approved by the
(b) that it will cause any pending or subsequent
mortgage foreclosure proceeding with respect to the Note to be
dismissed;
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3247/KON59005/AA3
(c) that it will enter into a loan agreement with
the County, under the terms of which the Borrower will be
obligated to pay to the County sums sufficient to pay the
principal of, interest on and redemption premiums, if any, with
respect to the Bonds when the same shall become due and payable,
together with all other costs and expenses of the County
connected with such financing; to operate, maintain and repair
the Project at its own expense; and to report annually to the
County Administrator or his designee, the bond indebtedness
outstanding and any other information necessary to comply with
Section 218.32, Florida Statutes; and
(b) that so
is in effect, all risk of
the Borrower.
long as this Memorandum of Agreement
loss to the Project will be borne by
SECTION 3. Subsequent Financing Terms. All commitments
of the County under Section 1 hereof and of the Borrower under
Section 2 (a) hereof are subject to the mutual agreement of the
county and the Borrower as to the terms and conditions of the
above-referenced loan agreement and of the Bonds and the other
instruments and proceedings relating to the Bonds, and to the
sale of the Bonds pursuant to such terms and conditions. It is
the intent of the parties hereto that the Bonds shall be prepared
in such form and shall be issued, underwritten and sold and the
proceeds thereof used, all as may be mutually agreed by the
parties in accordance with the requirements and provisions of the
Constitution of the State of Florida and the Act.
SECTION 4. Additional Agreements of Parties. The
Borrower and the County further agree that to the extent of the
net proceeds derived from the sale of the Bonds, and only from
such proceeds, and in accordance with the provisions of the Act
and the Internal Revenue Code of 1986, as amended (the "Code"),
the Borrower will be entitled to reimbursement for all costs and
expenses, if any, direct or indirect, incurred by the Borrower
after the date hereof in connection with the Refunding. Costs
and expenses for which the Borrower may claim reimbursement
include, but are not limited to, costs and expenses related to
acceptance fees of any trusts established in connection with the
issuance and sale of the Bonds; legal, accounting and financial
advisory fees and expenses; underwriting fees, filing fees and
printing and engraving costs incurred in connection with the
authorization, sale and issuance of the Bonds, the execution and
filing of a trust agreement, if any, and such other agreements as
may be required by the initial purchaser or purchasers of the
Bonds; fees, costs and expenses disbursed or incurred in
connection with or related to this Memorandum of Agreement and
the Bonds; and all other fees and expenses disbursed or incurred
by the Borrower in connection with the Refunding or the Bonds and
properly allowable under the Act and the Code. All such costs
shall be reimbursed to the Borrower from such Bond proceeds in
accordance with the terms of the Act and the Code.
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3247/MON59005/AA3
SECTION 5. Indemnita by Borrower. The Borrower agrees
to indemnify, defend and hol harmless the County, the members
and officers of the Board and its agents against any and all
liability, loss, costs, expenses, charges, claims, damages and
attorneys' fees of whatever kind or nature, which the County, the
members and officers of the Board, or its agents may incur or
sustain by reason or in consequence of the relationship existing
between the County and the Borrower with respect to the execution
and delivery of this Memorandum of Agreement, the issuance and
sale of the Bonds or the Refunding. The Borrower hereby releases
the county, the members and officers of the Board, and the
agents, attorneys and employees of the County from any liability,
loss, cost, expenses, charges, claims, damages and attorneys'
fees of whatever kind or nature which may result from the failure
of the County to issue the Bonds, for whatever reason.
SECTION 6. payment of Costs by Borrower. The Borrower
agrees that, whether or not the Bonds shall be issued, it will
pay, or cause to be paid, all costs and expenses incurred by it;
any fees and expenses of the Borrower's advisors, if any; any
fees and expenses of the Borrower's counsel; the reasonable fees
and expenses of the County and its financial advisor, if any; and
the fees and expenses of Squire, Sanders & Dempsey ("SSD"), bond
counsel to the county, as set forth in the attached letter of
Judson Freeman, Jr., a partner of SSD, dated September 16, 1991,
addressed to the Borrower, the provisions of which are hereby
incorporated herein by reference.
SECTION 7. Termination of Agreement. If for any reason
the County shall fail to deliver the Bonds and receive the
proceeds thereof within one year from the date hereof (or such
later date as shall be mutually agreed upon by the County and the
Borrower), or if the Borrower shall otherwise sooner terminate
this Memorandum of Agreement by written notice to the County, the
Borrower shall not thereby be released from its obligations under
Sections 5 and 6 hereof.
SECTION 8. Amendment of Agreement. This Memorandum of
Agreement may be supplemented and amended from time to time by
written agreement signed by both parties, and shall be superseded
by the loan agreement to be entered into by and between the
county and the Borrower, upon the execution thereof, to the
extent the terms thereof conflict with the terms contained
herein.
SECTION 9. Assignment of A~reement. This Memorandum of
Agreement, and the rights, duties an obligations of the Borrower
hereunder, may be assigned by the Borrower, subject to approval
of the assignee by the County.
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3247/KON59005/AA3
SECTION 10. Miscellaneous. Nothing herein shall be
deemed to restrict the County or the State of Florida or any
agency or political subdivision thereof in determining the order
or priority of the issuance of bonds by the County or to require
the County to give the Bonds priority as to issuance or as to the
time of issuance over any other bonds previously or subsequently
approved by the County for issuance. Also, nothing herein shall
be deemed to require that the County agree to submit itself to
the jurisdiction of the courts of any state other than Florida.
SECTION 11. Counterparts. This Memorandum of Agreement
may be executed in several counterparts, and each counterpart
shall for all purposes be deemed an original; and all such
counterparts shall constitute one and the same instrument.
EXECUTION:
The parties hereto have set their hands and seals as of
the day and year first above written.
MONROE COUNTY, FLORIDA
(SEAL)
ATTEST:
By
Mayor, Board of County
Commissioners
Clerk of the Circuit Court of
Monroe County, ex officio Clerk
of the Board of County Commissioners
PLANTATION KEY CONVALESCENT
CENTER, INC.
BY~nt ~-- ;----~
--:::.
(SEAL)
ATTEST:
~ C~~-
Secretary
By~V~
I ~, .. '"
L''-''7- G '- '.' 2---
Date
5
3247/MON59005/AA3
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September 16, 1991
Plantation Key Convalescent Center, Inc.
c/o Mr. Robert Becht
P. O. Box 876
Marathon, Florida 33050
Re: Proposed Industrial Development Revenue
Refunding Bonds, Series 1991 (Plantation
Key Convalescent Center)
Dear Mr. Becht:
Thank you for requesting that we act as bond counsel in
connection with the proposed issuance of the obligations
identified in the caption (the "Bonds") by Monroe county, Florida
(the "Issuer"), to refund obligations issued to provide
facilities for Plantation Key Convalescent Center, Inc. (the
"company" ) .
To achieve a
whom bond counsel is
financing, we wish at
engagement as bond
describes.
common, understanding as for what and to
responsible in connection with this
the outset to record the scope of our
counsel which the attached memorandum
We have been designated as bond counsel by the Issuer.
We will provide legal services through the original issuance and
delivery of the Bonds, including legal advice which will
encompass the preparation of certain documents and transcript
materials, the review of proceedings taken by the Issuer and of
the applicable law, and the rendering of an approving legal
opinion with respect to legal matters incident to the issuance of
the Bonds and to the tax-exempt status of the interest thereon,
all assuming, of course, that no legal impediment to their
issuance or tax-exempt status becomes apparent.
Our fee for such legal services as bond counsel, as
outlined herein and in the attached, and based upon our
preliminary understanding of the proposed structure of the
financing, will be approximately $35,000. This estimate of our
fee is based on prior experience on issues of this type which did
not present unanticipated problems. Our estimate, however, may
be exceeded somewhat due to potentially increased legal work
eI~. ef'~ b Q:~
Plantation Key Convalescent Center, Inc.
September 16, 1991
Page 2
required for compliance with the complex provisions of Section
103 of the Internal Revenue 'Code, as amended (collectively, the
"Code"). In addition the scope and complexity of some of the new
federal tax requirements are uncertain at the present time, since
the Internal Revenue Service has not yet promulgated regulations
and guidelines for the implementation of certain of the Code
provisions. Meeting our fee estimate also depends to some extent
on the amount of services and activities we are requested to
perform or provide. For example, if there are a number of
unexpected problems encountered or if there are unexpected
conferences or trips required, or if there is a request to
restructure the form of financing after we have prepared initial
drafts of the documents, or if there is a need for extensive
related tax work in connection with the financing (such as may be
occasioned by compliance with the new federal tax requirements),
or if we subsequently agree to respond to requests for
substantial additional services, advice or opinions beyond those
that we normally expect to provide in our bond counsel capacity
(as described in this letter and the attachment), a higher fee
may result.
In addition we are to be reimbursed for all out-of-
pocket expenses. The legal documents and transcript of
proceedings have generally been reproduced by us, hence
duplicating is usually a substantial part of our out-of-pocket
expense. If we are requested, to provide calculations on our in-
house computer, using our computer programs, for various
calculations and printouts relevant to federal arbitrage and
refunding tax regulations, we are able to do so on a disbursement
basis. If you wish we would be happy to discuss our computer
capacity and related disbursement billing arrangements with you.
OUr practice is to render one statement for legal
services at the conclusion of our work when the financing and
delivery of the Bonds is completed within two months from
inception. In the event the financing and delivery of the Bonds
extends beyond two months, we will render statements on account
at the end of each month thereafter when our unbilled fees
aggregate $500 or more. In addition our out-of-pocket expenses
and disbursements aggregating $100 or more will be billed
monthly. We understand that the Company accepts responsibility
for the payment of our statements, whether for disbursements or
legal services, and whether or not the Bonds are issued or, if
issued, whether or not reimbursement is sought from the proceeds
of the Bonds. To the extent consistent with the Code limitation
3247/MON5t005/AAZ
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Plantation Key Convalescent Center, Inc.
September 16, 1991
page 3
on issuance costs payable
will be reimbursable to the
of the refunding.
from Bond proceeds, bond counsel fees
Company from Bond proceeds as costs
Our engagement to provide legal services as outlined
ends upon the completion of the transaction, which is essentially
the date of the original issuance and delivery of the Bonds. We
do not undertake to provide legal services or advice relating to
the transaction after that date, absent a supplemental mutual
agreement between us.
Unless we
on the assumption
Please call if you
We look forward to
hear from you to the contrary, we will proceed
that the foregoing is acceptable to you.
would like to discuss any of these matters.
working with you.
Attachment
truly yours,
rJ~J'
on Freeman, Jr.);
J
cc: Mr. George E. Mueller, Jr.
Mr. Robert Becht
Mr. Thomas W. Brown
The Honorable Danny L. Kolhage
Mr. Randy Ludacer
3247/NONSVOOS/AA2
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SCOPE OF ENGAGEMENT
The following is the scope of the engagement of Squire,
Sanders & Dempsey as bond counsel, by retention by the Issuer, to
provide legal services through the original issuance and delivery
of the Bonds, including legal advice, solely relating to the
legal documents and proceedings in connection with the security
for and issuance of the Bonds and rendering an approving legal
opinion with regard to legal matters incident to their issuance
and with regard to the tax-exempt status of the interest thereon
under applicable law existing on the date of that opinion:
1. We, as bond counsel, will prepare the initial,
subsequent and final drafts of the various legal documents for
the transcript, except for certain of those relating to the
Company and the status of title to the property which is the
subject of the refinancing, essential to the authorization,
authentication and issuance of the Bonds, with the precise nature
of these documents to depend on the form of financing transaction
agreed upon by the parties. We will draft for review and comment
by appropriate parties, and then redraft: the Issuer's
authorizing resolution pursuant to which the Bonds will be issued
and secured; any assignment, trust indenture or mortgage securing
the Bonds; the financing agreement(s) (such as a loan agreement
or a lease) pursuant to which' the Company will agree to provide
moneys directly sufficient to retire the Bonds in accordance with
their terms; and any other related agreements and transcript
documents which may be essential to the terms of the financing.
2. To the extent consistent with our position as bond
counsel, we will be neutral and independent in the negotiation of
the economic terms of the financing (except to the extent that
such terms and provisions may relate to the tax-exempt status of
the interest on or the legality of the Bonds), and our
responsibility with respect to those terms and provisions will be
limited to drafting the provisions of the documents incorporating
the terms and provisions so negotiated. From our position of
neutrality and independence we may be helpful in devising or
suggesting alternate procedures or arriving at compromises, if so
asked; in any such cases we will make every effort to be of
assistance.
3Z47/MON5i005/AA2
er~/. d~ ~ {L~;y
3. The final function of bond counsel will be to render
an approving legal opinion 'to legal matters incident to the
issuance of the Bonds and with regard to the tax-exempt status of
the interest thereon. This opinion is rendered in written form
at, and speaks only as of, the time the Bonds are originally
delivered to the Issuer and covers (a) the legality of the Bonds
and the proceedings by which they are issued and (b) the then-
exclusion of the interest to be paid on the Bonds from gross
income for federal income tax purposes and the exemption of such
interest from certain state taxes.
4. It is customary for purchasers of revenue bonds,
such as the Bonds, to receive assurance from other than bond
counsel with respect to certain matters not covered in the
approving legal opinion of bond counsel. For the most part, we
leave the form and scope of such assurances and the matters
covered by them to negotiation among the company and the initial
Bond purchaser(s). However, investors, especially institutional
investors, assume that certain matters will always be addressed
by such assurances. Consequently, we as bond counsel routinely
provide for inclusion in the transcript of proceedings for the
issuance of such Bonds the following:
a. An opinion of the company's legal counsel
addressing the authorization for the Company's
participation in the financing and other
matters customarily included in such counsel's
opinion in a corporate financing.
b. In the case of the Bonds in any manner secured
by an interest in real estate such as a
mortgage, a policy of title insurance with
respect to title to the interest in real
estate, and evidence of the recordation of
various of the financing documents.
c. Certificates from principal officers of the
company dealing with financial condition,
litigation, arbitrage, use of the Bond
proceeds, regulatory approvals, authorization,
and various factual matters supporting the tax-
exempt status of the Bonds.
3Z47/MONSiOOS/AA2
er~. d~~q~~
Although we will draft or assist in the development of suggested
forms for these and other' customary transcript and closing
documents, we as bond counsel have and assume no responsibility
for verifying or confirming the truth of facts certified as true
or supplied by others, or for examining legal questions on which
other lawyers are asked to and do opine. For example, our
engagement as bond counsel does not contemplate that we will
render opinions on such matters as corporate or income tax
matters pertaining to the Company's participation in the
financing. On matters that are the subject of another lawyer's
opinion, we will rely solely on that opinion, and on matters
pertaining to title to or the priority of any mortgage on or
security interest in the project financed, we will rely entirely
on the title policy or other evidence mentioned above, and our
approving opinion will so state.
5. As you know there is concern about the adequacy and
accuracy of disclosure when securities are being offered for sale
to anyone, even to a sophisticated purchaser. It is our
understanding that the Bonds are to be offered as a private
placement to an institutional investor or investors who will
conduct its or their own credit investigations and review of the
company's business affairs and financial condition, and who will
provide an acknowledgement letter to the effect that those
investigations and reviews have been performed to its or their
satisfaction. Therefore, we have not, and will not have unless
specifically requested and engaged to do so, examined, verified
or confirmed the accuracy, completeness or fairness of any
reports, financial information, statements, offering or
disclosure documents or other information that may be prepared by
anyone in connection with the placement of the Bonds, or the
company's business affairs or financial condition, or the
suitability or usefulness of the facilities originally acquired
and constructed.
6. We assume no responsibility for the registration of
the Bonds under the securities laws of the various jurisdictions
or the determination whether the Bonds constitute lawful
investments of purchasers under the laws of the various
jurisdictions.
3Z47/MONSiOOS/AAZ