RES 85373 - Laserfiche WebLink

City Council August 6, 1985 City of Pleasanton Page 2 offering memorandum, the City agrees to participate in its preparation by providing pertinent information to be included therein and review the offering memorandum for accuracy as it relates to matters concerning the Bonds, the Improvement Project, and the City. Said offering memorandum will include a description of the Bonds and their security and pertinent financial and economic data. At the City's sole option, the execution and delivery of the Offering Memorandum may be duly authorized by the City for use by the Underwriter in connection with the marketing of the Bonds. 4. If the City so requests, we will assist in arranging the selection of a paying agent. B. Marketing the Bonds 1. At the designated time for sale of the Bonds, the Underwriter will submit an offer to the City to purchase the Bonds, subject to pertinent resolutions, the offering memorandum, and all other necessary documents, approvals, and proceedings governing such Bonds having been determined by bond counsel, the City, and the Underwriter to be satisfactory in all respects for financing purposes. It is intended that, once purchased, the Bonds will be re-offered to the public on the basis of an immediate "bona fide public offering". The Underwriter may form a group of investment banking firms for the purpose of underwriting and selling the Bonds. 2. At least one day prior to the submission of any such formal offer to the City for the purchase of the Bonds, the Underwriter will indicate to the City the interest rate or rates, the purchase price from the City, and public offering price of the Bonds which we then estimate will be included in such offer. If, after negotiations in good faith, the City and the Underwriter fail to agree on the terms of sale of the Bonds, and upon written notice to the Underwriter the City may then offer the Bonds for sale to others. C. General Provisions Relating to the City and the Underwriter 1. The City agrees to make available to the Underwriter without cost, sufficient copies of any applicable reports, agreements, contracts, resolutions, and other relevant documents pertaining to the project, the City or the Bonds as reasonably may be required from time to time for the prompt and efficient performance by the Underwriter of their obligations hereunder. 2. The Underwriter shall pay its own out-of-pocket and other expenses, including Blue Sky and Investment Memorandum, underwriter's counsel, and any advertising and printing expenses including the c~st of printing the Offering Memorandum, in connection with the public offering of the Bonds.