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29114-10 JH:DJO:brf 7/7/97 <br />t IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 97-106 (2813 ) <br />A RESOLUTION AUTHORIZING EXECUTION OF A FIRST <br />SUPPLEMENT TO FISCAL AGENT AGREEMENT <br />SEISMIC RETROFIT ASSESSMENT DISTRICT NO.96-2 <br />Recitals <br />WHEREAS, this Council has conducted proceedings under and pursuant to Resolution <br />of Intention No. 96-90, adopted June 3, 1996 (the "Resolution of Intention"), to form the Seismic <br />Retrofit Assessment District No. 96-2 (the "District"), to authorize the levy of special <br />assessments upon the land within the District, and to issue bonds secured by said special <br />assessment the proceeds of which are to be used to finance the acquisition of certain <br />improvements, all as described therein; <br />WHEREAS, on August 5, 1996, the City of San Leandro (the "City") issued its Seismic <br />Retrofit Assessment District No. 96-2 Limited Obligation Improvement Bonds (the `Bonds") <br />pursuant to a Fiscal Agent Agreement dated as of August 1, 1996 (the "Fiscal Agent <br />Agreement"), by and between the City and the Treasurer of the City as Fiscal Agent; <br />WHEREAS, the City now wishes to amend the Fiscal Agent Agreement to provide that <br />investment earnings on the Improvement Fund established therein may be transferred to the <br />Redemption Fund and be used for the purposes thereof, as set forth in a First Supplement to <br />Fiscal Agent Agreement, dated as of July 1, 1997, on file with the City Clerk; <br />WHEREAS, the City as the owner of one hundred percent of the Bonds consents to such <br />amendment; <br />NOW, THEREFORE, IT IS HEREBY ORDERED as follows: <br />Section 1. The First Supplement To Fiscal Agent Agreement, be, and it is hereby, <br />approved and the City Manager is hereby authorized and directed to execute and deliver said <br />First Supplement To Fiscal Agreement on behalf of the City. <br />