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(the "Lease Agreement"), so long as the term of the <br /> Lease Agreement does not exceed five years, so long <br /> as the principal amount of the Lease Agreement does <br /> not exceed $600,000, and so long as the Lease <br /> Payments payable by City under the Lease Agreement <br /> in any twelve month period do not exceed $155,000; <br /> <br /> b. a trust agreement, by and among the Corporation, <br /> the Lessees and a trustee to be chosen by the <br /> Lessees and the Corporation (the "Trustee"), <br /> relating to the financing of the acquisition of the <br /> Project, and the execution and delivery of <br /> certificates of participation evidencing the <br /> proportionate interests of the owners thereof in <br /> lease payments to be made by the City under the <br /> Lease Agreement and in the lease payments to be <br /> made by the Lessees under separate lease agreements <br /> (the "Certificates of Participation"); and <br /> <br /> c. a purchase agreement by and among the Underwriter <br /> (whether acting along or with a co-manager), the <br /> Lessees and the Trustee relating to the purchase by <br /> the Underwriter of the Certificates of <br /> Participation, so long as the interest rate with <br /> respect to the Certificates of Participation will <br /> not produce annual lease payments payable under the <br /> Lease Agreement in any twelve month period in <br /> excess of $155,000, so long as the principal amount <br /> of the Certificates of Participation attributable <br /> to the City will not exceed $600,000, and so long <br /> as the Underwriter's discount with respect to the <br /> Certificates does not exceed 3-1/2%. <br /> <br />Section 2: The City Manager, Finance Director and other <br /> officials of the City are hereby authorized and directed <br /> to execute such other agreements, documents and <br /> certificates as may be necessary to effect the purposes <br /> of this resolution and the lease financing herein <br /> authorized including, but not limited to, a site lease, <br /> a site and facility lease, an encroachment permit, an <br /> easement, a license, or such other document as may be <br /> appropriate to transfer to the Corporation a legal <br /> interest in the real property upon which the Project <br /> will be constructed or located if the Project includes a <br /> real property component. <br /> <br />Section 3: To the best of the City's knowledge, information and <br /> belief, the Preliminary Official Statement contains no <br /> untrue statement of a material fact with respect to the <br /> City or omits to state a material fact with respect to <br /> the City required to be stated where necessary to make <br /> any statement made therein not misleading in the light <br /> of the circumstances under which it was made. <br /> <br /> - 2 - <br /> <br /> <br />