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<br />T. <br /> <br />R. <br /> <br />A form of the Preliminary Official Statement (the "Preliminary Official <br />Statement") to be distributed in connection with the public offering of the <br />Series 2004A Bonds has been prepared; <br /> <br />S. <br /> <br />The City is a member of the Authority and the Project is to be located within <br />the boundaries of the City; <br /> <br />The Governing Board has been presented with the form of each document <br />referred to herein relating to the refinancing contemplated hereby, and the <br />Governing Board has examined and approved each document and <br />desires to authorize and direct the execution of such documents and the <br />consummation of such refinancing; and; <br /> <br />u. <br /> <br />All acts, conditions and things required by the laws of the State of <br />California to exist, to have happened and to have been performed <br />precedent to and in connection with the consummation of such refinancing <br />authorized hereby do exist, have happened and have been performed in <br />regular and due time, form and manner as required by law, and the <br />Authority is now duly authorized and empowered, pursuant to each and <br />every requirement of law, to consummate such refinancing for the <br />purpose, in the manner and upon the terms herein provided; <br /> <br />Section 2. All of the recitals herein contained are true and correct and the <br />Governing Board so finds. <br /> <br />Section 3. The form of the First Lease Amendment, on file with the Secretary <br />of the Authority, is hereby approved, and the Chair or Vice-Chair of the Authority, or <br />such other member of the Governing Board as the Chair may designate, the Executive <br />Director of the Authority, the Treasurer of the Authority and the Controller of the <br />Authority (the "Authorized Officers"), are each hereby authorized and directed, for and in <br />the name and on behalf of the Authority, to execute and deliver the First Lease <br />Amendment in substantially said form, with such changes, insertions and omissions <br />therein as the Authorized Officer executing the same may require or approve, such <br />approval to be conclusively evidenced by the execution and delivery thereof; provided, <br />however, that the aggregate amount of the principal components of the Base Rental <br />shall not exceed $42,000,000, the term of the Lease shall terminate no later than July 1, <br />2024 (provided that such term may be extended as provided in the Lease) and the true <br />interest cost applicable to the interest components of the Base Rental shall not exceed <br />5.0% per annum. <br /> <br />Section 4. The form of First Supplemental Indenture, on file with the Secretary <br />of the Authority, is hereby approved, and the Authorized Officers are each hereby <br />authorized and directed, for and in the name and on behalf of the Authority, to execute <br />and deliver the First Supplemental Indenture in substantially said form, with such <br />changes, insertions and omissions therein as the Authorized Officer executing the same <br />may require or approve, such approval to be conclusively evidenced by the execution <br />and delivery thereof; provided, however, that the aggregate amount of the Series 2004A <br /> <br />Resolution No. SAFA 2004-001 <br />Page 4 of 7 <br />