Laserfiche WebLink
E. The Authority and the City desire that U.S. Bank Trust Company, National <br />Association, as trustee (the "Trustee") and the Authority enter into an <br />Indenture (the "Indenture") in order to provide for the issuance of the <br />Bonds; <br />F. The Bonds will be issued pursuant to the Marks -Roos Local Bond Pooling <br />Act of 1985, commencing with Section 6584 of the California Government <br />Code (the "Act"); <br />G. Ramirez & Co., Inc., as underwriter (the "Underwriter"), has submitted to <br />the City and the Authority a proposed form of an agreement to purchase <br />the Bonds in the form of a Bond Purchase Agreement (the "Purchase <br />Agreement"); <br />H. A form of the Preliminary Official Statement (the "Preliminary Official <br />Statement") to be distributed in connection with the public offering of the <br />Bonds has been prepared; <br />Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 <br />("Rule 15c2-12") requires that, in order to be able to purchase or sell the <br />Bonds, the Underwriter must have reasonably determined that the City <br />has undertaken in a written agreement or contract for the benefit of the <br />holders of the Bonds to provide disclosure of certain financial information <br />and certain material events on an ongoing basis; <br />J. In order to cause such requirement to be satisfied, the City desires to <br />execute and deliver a Continuing Disclosure Certificate (the "Continuing <br />Disclosure Certificate"); <br />K. In order to cause the refinancing of the 2014 Bonds, there is presented an <br />Escrow Agreement (the "Escrow Agreement"), between the City and The <br />Bank of New York Mellon Trust Company, N.A., the trustee for the 2014 <br />Bonds; <br />L. The City is a member of the Authority and the Project is located within the <br />boundaries of the City; <br />M. Senate Bill 450 (Chapter 625 of the 2017-2018 Session of the California <br />Legislature) ("SB 450") requires that the City Council obtain from an <br />underwriter, municipal advisor or private lender and disclose, prior to <br />authorization of the issuance of bonds, including debt instruments such as <br />the Bonds, with a term of greater than 13 months, good faith estimates of <br />the following information in a meeting open to the public: (a) the true <br />interest cost of the Bonds, (b) the sum of all fees and charges paid to third <br />parties with respect to the Bonds, (c) the amount of proceeds of the Bonds <br />expected to be received net of the fees and charges paid to third parties <br />and any reserves or capitalized interest paid or funded with proceeds of <br />the Bonds, and (d) the sum total of all debt service payments on the <br />Resolution No.2024-XXX <br />Page 2 of 6 <br />55394.00068\42111517.5 <br />