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arrangement, if transit and the county wish to do so. This would necessitate an <br />amendment to the condominium agreement and the development agreement. But, <br />Ben and I can do this. <br />3. Identif~n~ Funds on Hand with Trustee and Use of Surplus. <br />I have arranged for Arbitrage Specialists to do an updated report through <br />October 1, 2000. This should identify interest earnings, arbitrage amount, and <br />whether the county can qualify for an exemption by spending down all principal and <br />interest within two years. <br />I would like to remind folks of Ed Einowski's advice on this point. If the <br />county spends down all principal and interest, less not more than 5% retainage to <br />complete construction, and meets certain spending benchmarks during a two year <br />period, the county need not pay the IRS arbitrage. However, the county will not <br />qualify for this spend down exception if it spends any of the funds to pay off bonds. <br />So, the county can do one of two things: Use all bond principal and interest for <br />construction, or pay arbitrage, if due, and use some of the proceeds to pay off bonds. <br />The two year period will be up December 18, 2000. <br />4. Payin~ Bond Principal and Interest with Other County Funds. <br />The county can do this. The Trustee can accept county monies for this <br />purpose. <br />When construction is complete, and the county has paid off construction costs <br />in full, the Trustee will determine the surplus. The surplus will be applied first to debt <br />service to prepay principal for the maturities selected by the county. Trust <br />Agreement, Sections 204(D) and 402(B). The balance, if any, will be applied to <br />current payments due. This would be a small amount, under $5,000. <br />The county can designate some money to be retained in the Project Fund to <br />pay off construction costs occurring later. Finance Agreement, Section 402(B). <br />~ (~ ~ ~. l <br />