AgdaPkt 2012-01-09 - Laserfiche WebLink

Browse Search

8.A. - Page 65 LEGAL MATTERS Concurrent with the issuance of the Bonds, Nossaman LLP, Irvine, Californil, Bond Counsel, will render its opinion substantially in the form set forth in Appendix D to this Official Statement. Quint & Thimmig LLP, San Francisco, is acting as Disclosure Counsel to the City with respect to the Bonds. Certain legal matters will be passed upon for the City by the City Attomey. Certain legal matters related to the Bonds will be passed upon for the Underwriter by Jones Hall, A Professional Law Corporation, San Francisco, California. Payment of the fees and expenses of Bond Counsel, Disclosure Counsel and Underwriter's Counsel is contingent on the issuance of the Bonds. FINANCIAL ADVISOR The City has retauled William Euphrat Municipal Fuzance, Inc., San Francisco, California, as Financial Advisor in connection with the issuance of the Bonds. The Financial Advisor is not obligated to undertake, and has not undertaken to make, an independent verification or assume responsibility for the accuracy, completeness or fainzess of the information contained in this Official Statement. The Financial Advisor is an independent financial advisory firm and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities. Compensation paid to the Financial Advisor is contingent upon the issuance of the Bonds. NO RATING The City has not made and does not contemplate making application to any rating agency for the assigiunent of a ratuzg to the Bonds. LITIGATION The City is not aware of any pending or threatened litigation challenging the validity of the Bonds, the Special Taxes securing the Bonds, or any action taken by the City in connection with the formation of the District, the levying of the Special Taxes or the issuance of the Bonds. Each of the two current owners of the Taxable Parcels will represent to the City, in connection with the issuance of the Bonds, that there is no litigltion or administrative proceeding of any nature in which the respective parcel owner has been served, or is pending or threatened, which, if resolved against the respective parcel owner, would materially adversely affect the ability of the respective parcel owner to own and operate its Taxable Parcels or to pay the Special Taxes or ad valorem property taxes levied on its Taxable Parcels when due. UNDERWRITING The Bonds are being purchased through negotiation by Stifel, Nicolaus & Company, Incorporated DBA Stone & Youngberg, a Division of Stifel Nicolaus (the "Underwrite�''). The Undervvriter agreed to purchase the Bonds at a price of $__________ (which is equal to the par amount of the Bonds, less a net original issue discount [plus a net original issue premium] of $__________, 1nd less an underwriter's discount of $__________). The initill public offering prices set forth on the inside cover page may be changed by the Underwriter. The Underwriter may offer and sell the Bonds to certain dealers and otllers at prices lower than the public offering prices set forth on the inside cover page hereof. -41-