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M <br />5. This Resolution expresses the City's expectations as of this date with respect to the <br />financing of the construction and acquisition of the Project. Future events or extraordinary <br />circumstances beyond the control of the City may result in the Project being financed in a manner <br />other than as described in this Resolution, and nothing contained herein constitutes an irrevocable <br />commitment by the City to issue the Bonds. <br />6. The City Council hereby directs the appropriate City staff to prepare for <br />submission an application to CDLAC for an allocation for private activity bonds, and authorizes <br />and directs the appropriate City staff to take any and all necessary actions required for the <br />preparation and submission of such application including, but not limited to, the collection of the <br />required deposit from MacEngle Partners, a California general partnership. <br />7. The City hereby designates E. Wagner & Associates, Inc. as underwriter for the <br />Bonds, A.G. Edwards & Sons, Inc. as remarketing agent for the Bonds, Bettencourt Municipal <br />Consulting as the City's financial advisor with respect to the Bonds, and Nossaman, Guthner, <br />Knox & Elliott, LLP, as bond counsel and disclosure counsel with respect to the Bonds. The City <br />Manager is hereby authorized and directed to entered into agreements for services with each of <br />such firms. The City Manager is hereby further authorized to replace any of such firms with such <br />other firm or firms as he deems appropriate if he unable to reach agreement with such firm with <br />respect to the scope of its services and its compensation. <br />ADOPTED by the City Council of the City of San Leandro at a regular meeting of said <br />City Council held on the 21 th day of April 1997 by the following vote: <br />AYES: Council Members Galvan, Glaze, Loeffler, Lothrop, Polvorosa, Young; <br />Mayor Corbett (7) <br />NOES: None (p) <br />ABSENT: None (p) <br />yor <br />Ellen M. Corbett <br />ATTEST: <br />1 / / <br />Acting ity Cle <br />Jacquelyn Diaz <br />