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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 99 - 156 (2851/2735) <br />RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF NOT TO EXCEED <br />$26,000,000 CERTIFICATES OF PARTICIPATION, AUTHORIZING AND DIRECTING <br />EXECUTION OF RELATED LEASE FINANCING DOCUMENTS, TRUST AGREEMENT, <br />CONTINUING DISCLOSURE AGREEMENT, AND CERTIFICATE PURCHASE <br />AGREEMENT, APPROVING OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL <br />ACTIONS <br />RESOLVED, by the City of San Leandro, California (the "City"), as follows: <br />WHEREAS, the City, working together with the San Leandro Public Financing Authority <br />(the "Authority"), is proposing to proceed with a lease financing to enable the City to undertake <br />the acquisition, construction, rehabilitation, equipping or improvement of the main library <br />building, two fire stations, and of various other capital improvements within the geographic <br />boundaries of the City (collectively, the "Project"); <br />WHEREAS, to that end, the City has determined to provide for the execution and <br />delivery of 1999 Certificates of Participation (Library and Fire Stations) (the "Certificates"), the <br />proceeds of which will be used to finance the Project; <br />WHEREAS, for purposes of the sale of the Certificates, Disclosure Counsel, as <br />hereinafter defined, has caused to be prepared an Official Statement describing the Certificates, <br />the preliminary form of which is on file with the City Clerk and the Members of the City <br />Council, with the aid of their staff, have undertaken such review of the Official Statement as <br />hereinafter described as is necessary to assure proper disclosure of all material facts relating to <br />the Certificates that are within the personal knowledge of Councilmembers and the staff; <br />NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: <br />Section 1. Execution and Delivery of Certificates. The City hereby authorizes the <br />execution and delivery of the erti icates, representing a right to receive lease payments under <br />the Lease Agreement (as described below), in the aggregate principal amount of not to exceed <br />$26,000,000, and the execution and delivery of the following agreements (collectively, the <br />"Agreements") : <br />(a) Site Lease, by and between the City, as lessor, and the Authority, as lessee; <br />(b) Lease Agreement, by and between the Authority, as sublessor, and the City, as <br />sublessee; and <br />(c) Trust Agreement, by and among the City, the Authority and the Trustee; and <br />(d) Continuing Disclosure Agreement. <br />The City hereby approves and separately authorizes the City Manager or the Finance <br />Director to execute the Agreements, and the City Clerk is hereby authorized and directed to attest <br />and affix the seal of the City to said Agreements, in substantially the forms on file with the <br />Finance Director, together with any changes therein or additions thereto deemed advisable by the <br />Finance Director or City Manager, whose execution thereof shall be conclusive evidence of <br />approval of any such additions and changes. <br />