Resolution No. 10204 - Laserfiche WebLink

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RESOLUTION NO. 10204 Page 2 Section 2. Approval of Financing Leases. The Council hereby approves each of the following agreements required to implement the financing described in this Resolution, in substantially the respective forms on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Mayor, the City Manager or the Finance Director, whose execution thereof shall be conclusive evidence of the approval of any such changes or additions: (a) a Site and Facility Lease by and between the City, as lessor, and the Authority, as lessee, relating to the lease of the Leased Premises by the City to the Authority; and (b) a Lease Agreement by and between the Authority, as lessor, and the City, as lessee, relating to the lease of the Leased Premises by the Authority back to the City, so long as the term of the Lease Agreement does not exceed 20 years and so long as the maximum annual lease payments to be paid by the City thereunder does not exceed $475,000. The Mayor, the City Manager or the Finance Director is hereby authorized and directed for and in the name and on behalf of the City to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to, the final form of each of the foregoing documents. Section 3. Sale of Bonds by Authority: Letter of Representations. The Council hereby approves the negotiated sale of the Bonds to Stone & Youngberg LLC (the "Underwriter") pursuant to the terms and conditions set forth in the bond purchase agreement (the "Bond Purchase Contract"), by and between the Underwriter and the Authority, substantially in the form on file with the City Clerk, together with any additions thereto or changes therein as may be deemed necessary or advisable by the Mayor, the City Manager or the Finance Director, so long as the principal amount of.Bonds sold which are allocable to the City does not exceed $3.6 million and so long as the Underwriter's discount (exclusive of original issue discount which does not constitute compensation to the Underwriter) does not exceed 1%. The Bonds may be issued in a single series, or in multiple series which are issued by the Authority from time to time, as may be determined by the Mayor, the City Manager or the Finance Director taking into account the financing needs of the City. The Council hereby approves the Letter of Representations, in substantially the form on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Mayor, the City Manager or the Finance Director, whose execution thereof shall be conclusive evidence of the approval of any such changes or additions. Section 4. Official Statement. The Council hereby approves, and hereby deems nearly final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934, the preliminary official statement describing the Bonds (the "Preliminary Official Statement") in substantially the form on file with the City Clerk. The Mayor, the City Manager or the Finance Director is hereby authorized to execute an appropriate certificate stating the Council's determination that the Preliminary Official Statement has been deemed nearly final within the meaning of such Rule. Distribution of the Preliminary Official Statement by the Underwriter in connection with the sale of the Bonds is hereby approved. The Mayor, the City Manager or the Finance Director is hereby authorized and directed to approve any changes in or additions to a