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3. The Bonds shall be as described in the Offering Memorandum and shall be <br />issued and secured under the provisions of a Resolution adopted by the City <br />Council on JaDu~y 7, 1985 (the "Resolution"), authorizing the issuance of the <br />Bonds. The Bonds and interest thereon will be payable from unpaid special <br />assessmsnts (the "Assessments") levied and collected with interest, in accordance <br />with the Resolution, and from the Reserve Fund as defined and provided in the <br />Resoluton esta~blishing the Reserve Fund. Proceeds of the sale of the Bonds <br />will be used by the City in accordance with the Resolution to acquire the <br />Improvements (as defined in Resoulution of Intention No. 84-398, adopted by the <br />Council of the City on August 14, 1984), and as described in the Offering <br />Memorandum. The Resolution, Resolution of Intention No. 84-398 and all actions, <br />agreements and procedings related thereto had and taken pursuant to the Municipal <br />Improvement Act of 1913 (the "1913 Act"), the Improvement Bond Act of 1915 (the <br />"Bond law") eund all other applicable laws are herein collectively referred to as <br />the "ProceSs". <br /> <br /> 4. Any action under this Purchase Contract taken by Imperial Securities <br />Corporation, including palanent for and acceptance of the Bonds, and delivery and <br />execution of any receipt for the Bonds and any other instruments in connection <br />with the Closing, shall be valid and sufficient for all purposes and binding upon <br />the Underwriter, provided that any such action shall not impose any obligation or <br />liability upon the Underwriter other than as may arise as expressly set forth in <br />this Purchase Contract. <br /> <br /> 5. It shall be a condition to the City's obligation to sell and deliver <br />the Bonds to the Underwriter, and to the obligations of the Underwriter to <br />purchase, to accept delivery of and to pay for the Bonds, that the entire <br />$5,917,329 aggregate principal amount of the Bonds authorized by the Resolution <br />sha]l be sold and delivered by the City, and purchased, accepted and paid for by <br />the Underwriter at the Closing. The Underwriter agrees to make a bonafide public <br />offering of all of the bonds, at not in excess of the initial public offering <br />yields or process set forth on the cover page of the Offering Memorandum, plus <br />any interest accrued thereon from the date of the Bonds. <br /> <br /> 6. The City has furnished some, but not all, of the information contained <br />in the Offering MenDE and hereby authorizes the use of that information by <br />the Underwriter in connection with the public offering and sale of the Bonds. <br />The City approves and confirms the use by the Underwriter prior to the Closing of <br />the Preliminary Offering Memorandum in connection with the public offering of the <br /> <br /> 7. The City represents and warrants to the Underwriter that: <br /> <br /> (a) The City is a municipal corporation duly organized and existing <br /> under the Constitution and laws of the State of California, and has, and at <br /> the date of the Closing will have, full legal right, power and authority (i) <br /> to enter into this Purchase Contract, (ii) to adopt the Resolution and the <br /> other Proceedings relating to the Bondst (iii) to issue, sell and deliver <br /> the Bonds to the Underwriter as provided herein, and (iv) to carry out and <br /> consummate the transactions contemplated by this Purchase Contract, the <br /> Resolution and the Offering Memorandum; <br /> <br /> <br />