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OF THE CITY OF SANTA ANA THEREFOR" wherein the City accepted <br />the application of the Company and determined that the <br />Project is in accord with the purposes and requirements of <br />the Act; and <br /> <br /> WHEREAS, the Act provides that the Bonds shall be only <br />special obligations of the City and be payable solely out of <br />the revenues or other sources specified in this resolution <br />and in the Bond Indenture and Loan Agreement hereinafter <br />defined, and the City shall under no circumstances be <br />obligated to pay the Bond or Project costs (other than <br />administrative expenses) except from such funds received <br />under the Bonds, Bond Indenture and the Loan Agreement for <br />such purposes or from funds which were made available as <br />otherwise authorized by this resolution, the Bond Indenture, <br />the Loan Agreement or by law; and <br /> <br /> WHEREAS, the Act further provides that neither the <br />members of the City Council nor any persons executing the <br />Bonds shall in any event be subject to any personal <br />liability or accountability by reason of the issuance of <br />such Bonds; and <br /> <br /> WHEREAS, the City has caused to be prepared and <br />presented to the City Council at this meeting the following <br />documents which appear to be substantially in the form for <br />execution and delivery: <br /> <br />The form of the PLACEMENT AGENCY AGREEMENT among <br />the City, the Company and Bank of America NT&SA <br />through its Capital Markets Group, (the "Placement <br />Agent"), (the "Placement Agency Agreement"); <br /> <br />The form of INDENTURE OF TRUST (including the form <br />of the Bonds) between the City and First <br />Interstate Bank of California, (the "Trustee") <br />(the "Bond Indenture"); <br /> <br />® <br /> <br />The form of LOAN AGREEMENT between the City and <br />the Company (the "Loan Agreement"); <br /> <br />The form of the REMARKETING AGREEMENT among the <br />City, the Company and Bank of America National <br />Trust and Savings Association through its Capital <br />Markets Group (the Remark·ting Agent") (the <br />"Remark·ting Agreement"); and <br /> <br />The form of the PRELIMINARY PRIVATE PLACEMENT <br />MEMORANDUM to be approved and delivered by the <br />City and the Company (the "Preliminary Private <br />Placement Memorandum"); <br /> <br />2 <br /> <br /> <br />