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Resolution No. 03-023
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<br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES
<br />AS FOLLOWS:
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<br />Section 1:
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<br />Approval of Lease Agreement. The form of Lease Agreement, currently dated as of
<br />April 1, 2003 (the "Lease Agreement"), including the form of a Memorandum of
<br />Lease, by and between the City and the Authority, as presented at this meeting is
<br />hereby approved. The City Manager and the City Clerk (or their designated
<br />representative) (the "Officers"), are hereby authorized and directed, for and on behalf
<br />of the City, to execute, acknowledge, and deliver the Lease Agreement, in
<br />substantially the form presented to this meeting, with such changes therein as such
<br />Officer may require or approve, with the advice and approval of the City Attorney
<br />and Nossaman, Guthner, Knox & Elliott, LLP, Special Counsel, as such approval to
<br />be conclusively evidenced by the execution and delivery thereof.
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<br />Se~ion 2:
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<br />Approval of Site Lease. The form of Site Lease, currently dated as of April 1, 2003
<br />(the "Site Lease"), by and between the City and the Authority, as presented at this
<br />meeting is hereby approved. The Officers are hereby authorized and directed, for
<br />and on behalf of the City, to execute, acknowledge and deliver the Site Lease, in
<br />substantially the form presented to this meeting, with such changes therein as such
<br />Officers may require or approve, with the advice and approval of the City Attorney
<br />and Special Counsel, such approval to be conclusively evidenced by the execution
<br />and delivery thereof.
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<br />Section 3:
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<br />Approval of Trust Agreement. The proposed form of the Trust Agreement, currently
<br />dated as of April 1, 2003 (the "Trust Agreement"), among the Authority BNY
<br />Western Trust Company (the "Trustee") and the City, as presented at this meeting is
<br />hereby approved. An Officer is hereby authorized and directed, for and on behalf of
<br />the City, to execute, acknowledge, and deliver the Trust Agreement, in substantially
<br />the form presented to this meeting, with such changes therein as such Officers may
<br />require or approve, with the advice and approval of the City Attorney and Special
<br />Counsel, such approval to be conclusively evidenced by the execution and delivery
<br />thereof. In connection therewith, the City approves the execution and delivery of the
<br />Certificates in accordance with the terms and provisions of the Trust Agreement,
<br />provided, that the principal amount of the Certificates shall not exceed $30,000,000,
<br />and the sale of such Certificates by either competitive bid or, if timing of the sale of
<br />the Certificates does not allow for the competitive bid process, through a competitive
<br />negotiated sale, as determined by the City Manger and the Director of Finance to be
<br />in the best interests of the City. In the event the Certificates are to be sold through a
<br />competitive negotiated sale, the City Manager and Director of Finance, with the
<br />assistance of the City's Financial Advisor, shall select the underwriter.
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