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RES 2024025
City of Pleasanton
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CITY CLERK
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RES 2024025
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5/10/2024 4:29:09 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
5/7/2024
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16 <br />(xvi) A certificate or certificates, dated the Closing Date, signed by a duly authorized <br />official of the Trustee in form and substance satisfactory to the Underwriter, and an incumbency <br />certificate of the Trustee; <br />(xvii) Preliminary and final statements of sale required to be delivered to the California <br />Debt and Investment Advisory Commission pursuant to Section 53583 of the Government Code <br />and Section 8855(g) of the Government Code relating to the Bonds and the Installment Sale <br />Agreement; <br />(xviii) A copy of the executed Blanket Issuer Letter of Representations by and between <br />the Authority and DTC relating to the book-entry system; <br />(xix) The tax and nonarbitrage certificate of the Authority and the City relating to the <br />Bonds, and a form 8038-G relating to the Bonds, each in form and substance to the reasonable <br />satisfaction of Bond Counsel and the Underwriter; <br />(xx) A certificate, dated the date of the Preliminary Official Statement, of the Authority <br />and the City, as required under Rule 15c2-12; <br />(xxi) Certified copies of the JPA Agreement and related certificates issued by the <br />Secretary of State of the State of California; <br />(xxii) Evidence that a Debt Management Policy which complies with Section 8855 of <br />the Government Code has been adopted by the City and/or the Authority; and <br />(xxiii) Such additional legal opinions, certificates, proceedings, instruments or other <br />documents as Bond Counsel or the Underwriter may reasonably request. <br />Section 9. Changes in the Official Statement. After the Closing, the Authority and the City <br />will not adopt any amendment of or supplement to the Official Statement to which the Underwriter shall <br />reasonably object in writing. Within twenty-five (25) days following the end of the underwriting period, if <br />any event relating to or affecting the Bonds, the Trustee, the City or the Authority shall occur as a result of <br />which it is necessary, in the opinion of the Underwriter, to amend or supplement the Official Statement in <br />order to make the Official Statement not misleading in any material respect in the light of the circumstances <br />existing at the time it is delivered to a purchaser, the Authority and the City will forthwith prepare and <br />furnish to the Underwriter an amendment or supplement that will amend or supplement the Official <br />Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact <br />necessary in order to make the statements therein, in the light of the circumstances existing at the time the <br />Official Statement is delivered to purchaser, not misleading. The Authority and the City shall cooperate <br />with the Underwriter in the filing by the Underwriter of such amendment or supplement to the Official <br />Statement with the MSRB. The Underwriter acknowledges that the end of the underwriting period will be <br />the Closing Date. <br />Section 10. Expenses. Whether or not the Bonds are delivered to the Underwriter as set forth <br />herein: <br />(a) The Underwriter shall be under no obligation to pay, and the City shall pay or cause to be <br />paid (from the proceeds of the Bonds or from any legally available funds) all expenses that are incident to <br />the performance of the City’s and the Authority’s obligations hereunder, including, but not limited to, the <br />cost of printing and delivering the Bonds to the Underwriter, the cost of preparation, printing, distribution <br />and delivery of the City Documents, the Authority Documents, the Preliminary Official Statement, the
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