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�o -�s <br /> shall mature on the dates and pay interest at the rates set forth in the Bond Purchase Contract as <br /> finally executed. All other provisions of the Bonds shall be governed by the terms and conditions of <br /> the Fiscal Agent Agreement. <br /> SECTION 3. Approval of Financing Documents The forms of the Fiscal Agent Agreement, <br /> Continuing Disclosure Certificate, and Bond Purchase Contract presented at this meeting and on file <br /> with the City Clerk are hereby approved. Each of the City Manager, the Director of Finance, and any <br /> other written designee_of the City Manager (the "Authorized Representatives"), acting solely, is <br /> hereby authorized and directed to execute, for and in the name and on behalf of the District, the <br /> Fiscal Agent Agreement, the Continuing Disclosure Certificate, and the Bond Purchase Contract in � <br /> substantially said forms, with such changes thereto as the Authorized Representatives may require or <br /> approve, such approval to be conclusively evidenced by the execution and delivery thereof; provided, <br /> however, that the true interest cost for the Bonds shall not exceed 7.0% per annum and the <br /> underwriter's discount for the Bonds, excluding original issue discount, shall not exceed 1.175% of <br /> the aggregate principal amount of the Bonds. <br /> SECTION 4. Preliminary Official Statement The form of the Preliminary Official <br /> , Statement presented at this meeting and on file with the City Clerk is hereby approved. The <br /> Underwriter is hereby authorized to distribute the Preliminary Official Statement to prospective <br /> purchasers in the form hereby approved, together with such changes thereto as are deterrhined <br /> necessary or appropriate by the Authorized Representatives or any of them. Each Authorized <br /> Representative, acting solely, is hereby authorized and directed to execute, on behalf and in the name <br /> of the District, a certificate confirming that the Preliminary Official Statement has been "deemed <br /> final" by the District for purposes of Securities and Exchange Commission Rule 15c2-12. Each of <br /> the Authorized Representatives, acting solely, is hereby authorized to execute, on behalf and in the <br /> name of the District, a final official statement (the "Official Statement"), substantially in the form of <br /> the Preliminary Official Statement, together with such changes as are determined necessary or <br /> appropriate by the Authorized Representatives to make the Official Statement complete and accurate <br /> as of its date. The Underwriter is further authorized to distribute the final Official Statement to the <br /> purchasers of the Bonds upon its execution by an Authorized Representative of the District as <br /> described above. <br /> SECTION 5. Property Value In accordance with the requirements of Section 53345.8(a) of <br /> the Act, the Council hereby finds and determines the value of the real property in the District subject <br /> to the special tax to pay' debt service on the Bonds is at least three times the principal amount of the <br /> Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied <br /> pursuant to the Act or a special assessment levied on property within the District. <br /> SECTION 6. Appointment of Fiscal Agent BNY Western Trust Company is hereby <br /> appointed to act as Fiscal Agent, Registrar and Transfer Agent for the Bonds and each Authorized <br /> Representative, acting solely, is hereby authorized and directed to enter into an agreement with the <br /> Fiscal Agent to provide such services to the District. <br /> SECTION 7. Intention to Reimburse The City hereby states its intention and reasonably <br /> expects to reimburse Facilities costs incurred prior to the issuance of the Bonds with proceeds of the <br /> Bonds. <br /> SECTION 8. Adoption Date This resolution is being adopted on or prior to the date that <br /> the Council will expend moneys for the portion of the Facilities costs to be reimbursed from proceeds <br /> of the Bonds. <br /> 3 <br /> DOCSSF\ 17384v5�22931.0003 <br />