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Official Statement Airport Commission City and County of San ...

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Fifth, to pay for necessary reconstruction <strong>and</strong> replacement <strong>of</strong> <strong>Airport</strong> facilities;<br />

Sixth, to acquire real property for the construction or improvement <strong>of</strong> <strong>Airport</strong> facilities;<br />

Seventh, to repay to the <strong>City</strong>’s General Fund any sums paid from tax moneys for principal <strong>of</strong> <strong>and</strong> interest<br />

on any general obligation bonds previously issued by the <strong>City</strong> for <strong>Airport</strong> purposes; <strong>and</strong><br />

Eighth, for any other lawful purpose <strong>of</strong> the <strong>Commission</strong>, including without limitation transfer to the <strong>City</strong>’s<br />

General Fund on an annual basis <strong>of</strong> up to 25% <strong>of</strong> the non-airline revenues as a return upon the <strong>City</strong>’s investment in<br />

the <strong>Airport</strong>. However, the Lease Agreements further limit payments from the <strong>Airport</strong> Revenue Fund into the<br />

General Fund <strong>of</strong> the <strong>City</strong> to the greater <strong>of</strong> (i) 15% <strong>of</strong> “Concessions Revenues” (as defined in the Lease Agreements)<br />

<strong>and</strong> (ii) $5 million per year. The Settlement Agreement provides that this Annual Service Payment to the <strong>City</strong><br />

includes the total transfer to the <strong>City</strong>’s General Fund contemplated by this Charter provision. See “RECENT<br />

DEVELOPMENTS–Payments to the <strong>City</strong>.”<br />

The 1991 Master Resolution establishes the following accounts within the <strong>Airport</strong> Revenue Fund: the<br />

Revenues Account, the Operation <strong>and</strong> Maintenance Account, the Revenue Bond Account, the General Obligation<br />

Bond Account, the General Purpose Account, <strong>and</strong> the Contingency Account. Under the 1991 Master Resolution, all<br />

Revenues are required to be set aside <strong>and</strong> deposited by the Treasurer in the Revenues Account as received. Each<br />

month, moneys in the Revenues Account are set aside <strong>and</strong> applied as follows:<br />

First: to the Operation <strong>and</strong> Maintenance Account, the amount required to pay <strong>Airport</strong> Operation <strong>and</strong><br />

Maintenance Expenses;<br />

Second: to the Revenue Bond Account, the amount required to make all payments <strong>and</strong> deposits required in<br />

that month for the Bonds <strong>and</strong> any Subordinate Bonds, including amounts necessary to make any parity Swap<br />

Payments to a Swap Counterparty (see “AIRPORT’S FINANCIAL AND RELATED INFORMATION–Interest Rate Swaps”);<br />

Third: to the General Obligation Bond Account, the amount required to pay the principal <strong>of</strong> <strong>and</strong> interest on<br />

general obligation bonds <strong>of</strong> the <strong>City</strong> issued for <strong>Airport</strong> purposes (there are no general obligation bonds outst<strong>and</strong>ing<br />

for <strong>Airport</strong> purposes);<br />

Fourth: to the General Purpose Account, the amount estimated to be needed to pay for any lawful purpose,<br />

including any subordinate Swap Payments payable in connection with the termination <strong>of</strong> the Swap Agreements (see<br />

“AIRPORT’S FINANCIAL AND RELATED INFORMATION–Interest Rate Swaps”); <strong>and</strong><br />

Fifth: to the Contingency Account, such amount as the <strong>Commission</strong> shall direct.<br />

(Remainder <strong>of</strong> this Page Intentionally Left Blank)<br />

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