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10A Action 2008 0602 Attach - Official Notice of Sale
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10A Action 2008 0602 Attach - Official Notice of Sale
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5/27/2008 3:42:35 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/2/2008
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10A Action 2008 0602
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for the changes announced by Thompson Municipal News at the time the sale date and time <br />are announced. <br />RIGHT OF REJECTION: The Agency reserves the right, in their sole discretion, to <br />reject any and all bids and to waive any irregularity or informality in any bid except that no bids <br />will be accepted later than 9:00 A.M. on the date set for receipt of bids. <br />PROMPT AWARD: Authorized representatives of the Agency will take action awarding <br />the sale of the Bonds or reject all bids not later than twenty-six (26) hours after the expiration of <br />time herein prescribed for the receipt of bids and until such expiration of time all bids received <br />shall be irrevocable. Unless such time of award is waived by the successful bidder, the award <br />may be made after the expiration of the specified time if the bidder shall not have given to the <br />Agency notice in writing of the withdrawal of such proposal. Notice of the award will be given <br />promptly to the successful bidder. <br />DELIVERY AND PAYMENT: Delivery of the Bonds will be made to the successful <br />bidder in New York, New York, as soon as the Bonds can be prepared, which is estimated to be <br />July 2, 2008. The Bonds will be delivered in full book-entry form through the facilities of The <br />Depository Trust Company. Payment for the Bonds must be made in immediately available <br />funds to the Trustee. Any expense in providing immediately available funds shall be borne by <br />the purchaser. <br />GOOD FAITH DEPOSIT: A good faith deposit ("Deposit") in the form of a Financial <br />Surety Bond in the amount of $300,000 payable to the order of the Trustee is required for each <br />bid to be considered. The Financial Surety Bond must be from an insurance company licensed <br />to issue such bond in the State of California, and such bond must be submitted to the Financial <br />Advisor prior to the opening of the bids. The Financial Surety Bond must identify each bidder <br />whose Deposit is guaranteed by such Financial Surety Bond, When the Bonds are awarded to a <br />bidder, then such bidder must submit its Deposit to the Trustee in the form of a cashier's check <br />(or wire transfer such amount as instructed by the Agency or such Financial Advisor) not later <br />than 12:30 P.M. California time on the next business day following the award. If such Deposit is <br />not received by that time, the Financial Surety may be drawn by the Agency to satisfy the <br />Deposit requirement. The amount of the deposit will be applied as a credit towards the payment <br />of the purchase price by the successful bidder. If after award of the Bonds, the successful <br />bidder fails to complete its purchase on the terms stated in its proposal, the full amount of the <br />good faith deposit will be retained by the Agency. <br />RIGHT OF CANCELLATION: The successful bidder shall have the right, at its option, <br />to cancel its purchase of the Bonds if the Agency shall fail to cause the execution and delivery <br />of the Bonds and tender the same for delivery within 30 days from the date of sale thereof and <br />in such event the successful bidder shall be entitled to the return of the deposit accompanying <br />its bid. <br />ESTIMATE OF TRUE INTEREST RATE: Each bidder is requested, but not required, to <br />state in its bid the true interest cost, as described under the caption "BEST BID" herein, which <br />shall be considered as informative only and not binding on either the bidder or the Agency. <br />CERTIFICATION OF REOFFERING PRICE: The successful bidder will, within one hour <br />after being notified of the award of the Bonds on the sale date (the "Sale Date"), advise the <br />Agency's Financial Advisor of the initial public offering prices (the "Initial Offering Prices") of the <br />Bonds. For this purpose, the general public does not include bond houses, brokers or similar <br />-6- <br />
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