RES 85128 - Laserfiche WebLink

Council members and officers to their respective offices; (ii) enjoin or restrain the issuance, sale and delivery of the Bonds, the collect/nn of any other moneys or property pledged or to be pledged under the Resolution or the pledge thereof; (iii) 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; (iv) in any way question or affect any authority for the issuance of the Bonds, or the validity or enforce~_bility of the Bonds; or (v) in any way question or affect this BazT/k%se Contract or the transactions contemplated by this Purchase Contract, the Offering Memorarnkun or the documents referred to in the Offering Memorandum; ~3.ifo~~a., ,z~p~i~ Division, San ~'a~ci~, OaZifo~'d,a~"'to the "~" effect (i) ~h~t,,the statements and information set ~fo~r~h in the Offering Memoran'~unk,under the caption "Appraisal'il and in the "Certificate of the AppFaisal", attached to the Offering Memorandum as Appendix C., fairly and '~Ccu..ra...tely descr~ the Appraisal Report dated March 11, 1985, relating--to the-"properties assessed in the Proceedings, (ii) that the Appraisa~<'~R~port is referred to in the Offering Memorandum with its consent and (ii'~tha. t, in connection with Closing, contained-any untrue statement of a material fad~c~Q[ emitted to state any material fact necessary in order to make the s~Ttereats contained" therein, in the light of the circumstances under (7) A Certificate dated the date of Closing, addressed to the Underwriter and signed by an officer of Mackay and SGmps, San Jose, California, as the "Engineer of Work" for the Proceedings, to the effect that the statements and information in the Offering M~morandum as set forth under the captions "The Work" and "The District" and in Appendix A thereto - "Assessment Diagrams" and Appendix B thereto - "Description of Work", fairly and accurately describe the matters intended to be described therein and t_hat, in connection with its participation in the preparation of the Offering Memorarnkun 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; (8) A Certificate dated the date of Closing, addressed to the Underwriter and signed by an officer of The Mozart Development Company ("Mozart") substantially to the effect that Mozart has provided the information set forth in the Offering Memorandum describing Mozart and the development undertaken and proposed to be undertaken by Mozart, that such information fairly and accurately describes Mozart and the development undertaken and proposed to be undertaken by Mozart for the purposes intended thereby, that the Underwriter is authorized to use such information in the distribution of the Offering Mamorarxium and that, in connection with Mozart's participation in the