RES 86534 - Laserfiche WebLink

Underwriter, of the City Attorney. that. except as described in the Offering Memorandum, there is no action, suit, proceeding or investigation before or by any court. public board or body pending or threatened. wherein an unfavorable decision, ruling or finding would: (a) affect the creation, organization, existence or powers of the City. or the titles of its Council members and officers to their respective offices: (b) enjoin or restrain the issuance, sale and delivery of the Bonds, the collection of any other moneys or property pledged or to be pledged under the Resolution or the pledge thereof; (c) in any way question or affect any of the rights, powers, duties or obligations of the City with respect to the Assessments or the moneys and assets pledged or to be pledged to pay the principal of, premium, if any. or interest on the Bonds; (d) in any way question or affect any authority for the issuance of the Bonds. or the validity or enforceability of the Bonds: or (e) in any way question or affect this Purchase Contract or the transactions contemplated by this Purchase Contract, the Offering Memorandum or the documents referred to in the Offering Memorandum: (vi) A Certificate dated the date of Closing, addressed to the Underwriter and signed by an officer of Cushman and Wakefield of California, Inc., Appraisal Division, San Francisco, California. to the effect that the statements and information set forth in the letter dated June 12, 1986, attached to the Offering Memorandum as Appendix C, fairly and accurately describes the aggregate minimum retail market values of the properties assessed in the Proceedings. (ii) that the letter dated June 12, 1986. is referred to in the Offering Memorandum with its consent and (iii) that. in connection with its participation in the preparation of the Offering Memorandum. it has no reason to believe that the Offering Memorandum. as of the date of Closing. contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements contained therein. in the light of the circumstances under which they were made, not misleading; (vii) A Certificate dated the date of Closing, addressed to the Underwriter and signed by an officer of Mark Thomas & Co., Inc., San Jose, California, as the "Engineer of Work" for the Proceedings. to the effect that the statements and information in the Offering Memorandum as set forth under the captions "The Improvement Project" and "The District" and in Appendix A thereto - "Assessment Diagram" and Appendix B thereto - "Description of Work". fairly and accurately describe the matters intended to be described therein and that. in. connection with its participation in the preparation of the Offering Memorandum. it has no reason to believe that the Offering Memorandum, as of the date of Closing. contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements contained therein, in the light of the circumstances under which they were made, not misleading: (viii) Such Certificates as the Underwriter shall reasonably request. dated the date of Closing, addressed to the Underwriter and signed by an officer of the applicable developer of a development assessed in the -8-