Purchase, Sale and Delivery of the Bonds. (a) Upon the basis of the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, the Underwriter hereby agrees to purchase from the Authority, and the Authority hereby agrees to sell to the Underwriter, all (but not less than all) of the $ aggregate principal amount of the Dublin Financing Authority Lease Revenue Bonds (Capital Projects) (the “Bonds”), dated the date of delivery of the Bonds, bearing interest at the rates and maturing on the dates in the principal amounts, and subject to redemption, as set forth in Exhibit A attached hereto. The Underwriter will purchase the Bonds at an aggregate price of $ (being the aggregate principal amount of the Bonds of $ , plus/less a [net] original issue premium/[net]discount of $ , less an Underwriter’s discount of $ ). The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable as provided in, the Indenture. The Authority approved the issuance of the Bonds pursuant to a resolution adopted on , 2021 (the “Authority Resolution”), and the City approved the issuance of the Bonds pursuant to a resolution adopted on , 2021 (the “City Resolution”). The proceeds from the sale of the Bonds will be used in accordance with the Indenture (i) to provide funds to finance energy efficiency improvement projects being undertaken by the City (herein the “Project”), and (ii) to pay costsof issuance of the Bonds, all as more fully described in the Official Statement under the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the Project.
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Samples: legistarweb-production.s3.amazonaws.com, legistarweb-production.s3.amazonaws.com
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, : the Underwriter hereby agrees to purchase from the Authority, Community Facilities District and the Authority Community Facilities District hereby agrees to sell to the Underwriter, Underwriter all (but not less than all) of the $ aggregate principal amount of the Dublin Financing Authority Lease Revenue City of Beaumont Community Facilities District No. 2019-1 2020 Special Tax Bonds (Capital Projects) (the “Bonds”), dated the date of delivery of the BondsClosing Date (as hereinafter defined), bearing interest at the rates and maturing on the dates and in the principal amounts, and subject to redemption, as amounts set forth in Exhibit A attached hereto. The Underwriter will purchase price for the Bonds at an aggregate price of shall be $ (being 100% of the aggregate principal amount of the Bonds thereof, plus an original issue premium of $ , plus/less a [net] original issue premium/[net]discount of $ , and less an Underwriter’s discount of $ ). The Underwriter agrees to make a bona fide public offering of all of the Bonds initially at the public offering prices (or yields) set forth in Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates set forth in Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial offering prices. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Net Taxes as provided inin the Indenture, the IndenturePreliminary Official Statement (as hereinafter defined), and the Xxxxx-Xxxx Community Facilities Act of 1982, as amended (Section 53311 et seq. of the Government Code of the State of California) (the “Community Facilities District Act”). The Authority approved the issuance of the Bonds has been duly authorized by the City Council of the City of Beaumont (the “City”), as the legislative body for the Community Facilities District pursuant to a resolution (the “Community Facilities District Resolution of Issuance”) adopted on , 2021 (the “Authority Resolution”), and the City approved the issuance of the Bonds pursuant to a resolution adopted on , 2021 (the “City Resolution”)2020. The proceeds from the sale of the Bonds will be used to: (a) pay the cost and expense of the acquisition and construction of certain public facilities in accordance connection with the Indenture development of the Community Facilities District; (ib) to provide funds to finance energy efficiency improvement projects being undertaken by fund a reserve account securing the City (herein the “Project”), Bonds; and (iic) to pay costsof costs of issuance of the Bonds, all as more fully described . The Bonds shall be substantially in the Official Statement form described in, shall be issued and secured under the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge provisions of, and lien on shall be payable from special taxes pledged thereto as provided in the Revenues of, the ProjectIndenture.
Appears in 1 contract
Samples: Purchase Agreement
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, : the Underwriter hereby agrees to purchase from the Authority, Community Facilities District and the Authority Community Facilities District hereby agrees to sell to the Underwriter, Underwriter all (but not less than all) of the $ aggregate principal amount of the Dublin Financing Authority Lease Revenue City of Beaumont Community Facilities District No. 93-1 (Improvement Area No. 8F) 2020 Special Tax Bonds (Capital Projects) (the “Bonds”), dated the date of delivery of the BondsClosing Date (as hereinafter defined), bearing interest at the rates and maturing on the dates and in the principal amounts, and subject to redemption, as amounts set forth in Exhibit A attached hereto. The Underwriter will purchase price for the Bonds at an aggregate price of shall be $ (being 100% of the aggregate principal amount of the Bonds thereof, plus a net original issue premium of $ , plus/less a [net] original issue premium/[net]discount of $ , and less an Underwriter’s discount of $ ). The Underwriter agrees to make a bona fide public offering of all of the Bonds initially at the public offering prices (or yields) set forth in Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates set forth in Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial offering prices. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Net Taxes as provided inin the Indenture, the IndenturePreliminary Official Statement (as hereinafter defined), and the Xxxxx-Xxxx Community Facilities Act of 1982, as amended (Section 53311 et seq. of the Government Code of the State of California) (the “Community Facilities District Act”). The Authority approved the issuance of the Bonds has been duly authorized by the City Council of the City of Beaumont (the “City”), as the legislative body for the Community Facilities District pursuant to a resolution adopted on , 2021 (the “Authority ResolutionCommunity Facilities District Resolution of Issuance”), and the City approved the issuance of the Bonds pursuant to a resolution ) adopted on , 2021 (the “City Resolution”)2020. The proceeds from the sale of the Bonds will be used in accordance with the Indenture to: (i) to provide funds to finance energy efficiency improvement projects being undertaken by pay the City (herein cost and expense of the “Project”), acquisition and construction of certain public facilities required in connection with the development of the Improvement Area; (ii) to fund a reserve account securing the Bonds; and (iii) pay costsof costs of issuance of the Bonds, all as more fully described . The Bonds shall be substantially in the Official Statement form described in, shall be issued and secured under the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge provisions of, and lien on shall be payable from special taxes pledged thereto as provided in the Revenues of, the ProjectIndenture.
Appears in 1 contract
Samples: Purchase Agreement
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, the Underwriter hereby agrees to purchase from the Authority, Authority and the Authority hereby agrees to sell to the Underwriter, Underwriter all (but not less than all) of the $ aggregate principal amount of the Dublin Financing Perris Joint Powers Authority Lease Local Agency Revenue Bonds (Capital Projects) IA 3-CFD No. 2014-1(Xxxxxxx)), 2018 Series A (the “Bonds”), dated the date of delivery of the BondsClosing Date (as hereinafter defined), bearing interest at the rates and maturing on the dates and in the principal amounts, and subject to redemption, as amounts set forth in Exhibit A attached hereto. The Underwriter will purchase price for the Bonds at an aggregate price of shall be $ (being 100% of the aggregate principal amount of the Bonds thereof less a net original issue discount of $ , plus/less a [net] original issue premium/[net]discount of $ , and less an Underwriter’s discount of $ ). From the proceeds of the Bonds, the Authority agrees to purchase the Local Obligations from the District pursuant to the terms of the Commitment Agreement and Purchase Contract for Purchase and Sale of Local Obligation Bonds, dated , 2018 (the “Local Obligations Purchase Agreement”), by and between the District and the Authority. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Revenues and Redemption Revenues as provided inin the Indenture, the IndenturePreliminary Official Statement (as hereinafter defined), and the Xxxxx-Xxxx Local Bond Pooling Act of 1985, as amended, being Article 4, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the “Bond Law”). The Authority approved the issuance of the Bonds has been duly authorized by the Authority pursuant to a resolution adopted on , 2021 (the “Authority Resolution”)) adopted by the Board of Directors of the Authority on _, 2018. The Bonds are being issued to purchase the Local Obligations. The Local Obligations shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from special taxes pledged thereto as provided in the City approved Fiscal Agent Agreement. The Local Obligations are issued under the Xxxxx-Xxxx Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Community Facilities District Act”). The issuance of the Bonds Local Obligations have been duly authorized by the District, pursuant to a resolution (the “District Resolution”) adopted on , 2021 by the City Council of the City of Perris (the “City ResolutionCouncil”). The proceeds from Pursuant to the sale District Resolution, the District is duly authorized to execute and deliver the Fiscal Agent Agreement, the Continuing Disclosure Agreement in the form attached to the Preliminary Official Statement as an appendix (the “Continuing Disclosure Agreement”) and the Local Obligations Purchase Agreement and has approved the form of the Preliminary Official Statement. The Bonds will be used in accordance with are being issued by the Indenture Authority to (i) to provide funds to finance energy efficiency improvement projects being undertaken by acquire the City (herein the “Project”), and Local Obligations; (ii) to fund a reserve account for the Bonds; and (iii) pay costsof costs of issuance of the Bonds, all as more fully described in . The Local Obligations are being issued to finance the Official Statement under acquisition and construction of certain public improvements and fees eligible to be financed by the caption, “FINANCING PLAN.” In order District. Prior to provide revenues to pay debt service on the Bondsacceptance of this Purchase Agreement by the Authority, the City and Authority shall have caused to be delivered to the Authority are entering into a Lease Agreement, dated as Underwriter the Letter of October 1, 2021 Representations (the “LeaseLetter of Representations”) and of Centex Homes, a Site Lease, dated October 1, 2021 Nevada general partnership (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased PropertyDeveloper”) to in substantially the Authority, and the Authority will lease the Leased Property back to the City form set forth in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the ProjectExhibit B hereto.
Appears in 1 contract
Samples: Perris Joint Powers Authority Local Agency Revenue Bonds
Purchase, Sale and Delivery of the Bonds. (a) Upon On the basis of the representationsrepresentations and covenants contained herein and in the other agreements referred to herein, warranties and agreements herein set forth and subject to the terms and conditions contained hereinherein set forth, at the Underwriter hereby agrees Closing Time the Underwriters agree to purchase from the Authority, you and the Authority hereby agrees you agree to sell to the Underwriter, Underwriters all (but not less than all) of the $ aggregate principal amount of the Dublin Financing Authority Lease Revenue Bonds (Capital Projects) (the “Bonds”), dated the date of delivery of the Bonds, bearing interest at the rates and maturing on the dates in the principal amounts, and subject to redemption, as purchase price set forth in on Exhibit A B attached hereto. The Underwriter will purchase the Bonds at an aggregate price of $ (being the aggregate principal amount of the Bonds of $ , plus/less a [net] original issue premium/[net]discount of $ , less an Underwriter’s discount of $ ). The Bonds shall be substantially issued under and secured as described in the Bond Resolution and the Official Statement. The Bonds shall bear interest at the rates per annum and mature in the principal amounts as set forth on Exhibit B attached hereto. The Underwriters agree to make a bona fide public offering of the Bonds at the initial offering price or prices which do not exceed (or at public offering yields which are not less than) those set forth in the Official Statement; provided, however, that the Underwriters reserve the right to make concessions to dealers (including dealers depositing the Bonds into investment trusts) and to change such initial offering price or prices (or yields) as the Underwriters shall deem necessary in connection with the offering of the Bonds. The Underwriters have duly designated the Representative to act as their representative under this Bond Purchase Agreement. The Representative has been duly authorized to execute this Bond Purchase Agreement and to act hereunder on behalf of the other Underwriters and shall have full authority to take such action as it may deem advisable in respect of all matters relating to this Bond Purchase Agreement. Delivery of the Bonds shall be made at the Closing Time to the Underwriters through the facilities of The Depository Trust Company in New York, New York, or at such other address as the Underwriters shall direct. Payment for the Bonds shall be made by the Underwriters by wire transfer of federal funds payable to you at 10:00 a.m., Central Time, on [June ], 2020, or at such other place, time and date as shall be mutually agreed upon by you and the Underwriters. Except for purposes of delivery of the Bonds to the Underwriters, the Closing shall take place at the offices of The Public Finance Law Group PLLC, Oklahoma City, Oklahoma. The delivery of and payment for the Bonds is herein called the “Closing.” The date of such delivery and payment is herein called the “Closing Date,” and the hour and date of such delivery and payment is herein called the “Closing Time.” The delivery of the Bonds shall be made in definitive form, bearing CUSIP numbers (provided neither the printing of a wrong number on any Bond nor the failure to print a number thereon shall constitute cause to refuse delivery of any Bonds) and issued in fully registered form delivered to or at the direction of DTC as directed by the Underwriters in the form described in, shall be issued and secured under the provisions of, and shall be payable as provided in, the Indenture. The Authority approved the issuance of one bond for each maturity of the Bonds pursuant to a resolution adopted on , 2021 (the “Authority Resolution”), and the City approved the issuance of the Bonds pursuant to a resolution adopted on , 2021 (the “City Resolution”). The proceeds from the sale of the Bonds will be used in accordance with the Indenture (i) to provide funds to finance energy efficiency improvement projects being undertaken by the City (herein the “Project”), and (ii) to pay costsof issuance of the Bonds, all as more fully described registered in the Official Statement under the captionname of Cede & Co., “FINANCING PLANduly executed and authenticated.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the Project.
Appears in 1 contract
Samples: Bond Purchase Agreement
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, the Underwriter Underwriters hereby agrees agree to purchase from the Authority, Authority and the Authority hereby agrees to sell and deliver to the Underwriter, Underwriters all (but not less than all) of the $ aggregate principal amount of the Dublin Financing Authority Lease Authority’s 2006 Capital Improvement Revenue Bonds Bonds, Series C (Capital Projects300 Xxxxxxxx Boulevard Building Acquisition) (the “Series C Bonds”), dated the date of delivery of the Bonds, bearing interest at the rates and maturing on the dates in the principal amounts, and subject to redemption, as set forth in Exhibit A attached hereto. The Underwriter will purchase the Bonds at an aggregate price of $ (being the aggregate principal amount of the Authority’s 2006 Taxable Capital Improvement Revenue Bonds, Series D (300 Xxxxxxxx Boulevard Building Acquisition) (the “Series D Bonds”) and the $ aggregate principal amount of the Authority’s 2006 Refunding Revenue Bonds, Series E (Master Lease Program Facilities) (the “Series E Xxxxx,” and together with the Series C Bonds, the “Tax-Exempt Bonds,” and together with the Series C Bonds of $ and the Series D Bonds, plus/less a [net] original issue premium/[net]discount of $ , less an Underwriter’s discount of $ the “Bonds”). The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable as provided in, the Indenture. The Authority approved the issuance of the Bonds pursuant to a resolution adopted on an Indenture, 2021 dated as of December 1, 2006 (the “Authority ResolutionIndenture”), by and between the City approved the issuance Authority and The Bank of the Bonds pursuant to a resolution adopted on New York Trust Company, 2021 N.A., as trustee (the “City ResolutionTrustee”). The proceeds from Bonds shall mature and shall be subject to redemption on the sale of dates and in the Bonds will be used in accordance with the Indenture (i) to provide funds to finance energy efficiency improvement projects being undertaken by the City (herein the “Project”)amounts, and (ii) to pay costsof issuance of shall bear interest at the Bonds, all interest rates per annum set forth on Exhibit A hereto and as more fully otherwise described in the Official Statement under (as hereinafter defined). The ag gregate purchase price for the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on Series C Bonds shall be $ (consisting of the $ aggregate principal amount of the Series C Bonds, less $ of Underwriters’ discount, [plus/less] $ of net original issue [premium/discount].) The aggregate purchase price for the City and Series D Bonds shall be $ (consisting of the Authority are entering into a Lease Agreement$ aggregate principal amount of the Series D Bonds, dated as less $ of October 1, 2021 (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the Project.Underwriters’
Appears in 1 contract
Samples: sacramento.granicus.com
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, : (i) the Underwriter hereby agrees to purchase from the Authority, Community Facilities District and the Authority Community Facilities District hereby agrees to sell to the Underwriter, Underwriter all (but not less than all) of the $ aggregate principal amount of the Dublin Financing Authority Lease Revenue Bonds Community Facilities District No. 04-2 (Capital ProjectsLake Hills Crest) of the County of Riverside Special Tax Refunding Bonds, Series 2024 (the “Bonds”), dated the date of delivery of the BondsClosing Date (as hereinafter defined), bearing interest at the rates and maturing on the dates and in the principal amounts, and subject to redemption, as amounts set forth in Exhibit A attached hereto. The Underwriter will purchase price for the Bonds at an aggregate price of shall be $ (being 100% of the aggregate principal amount of the Bonds thereof, plus an original issue premium of $ , plus/less a [net] original issue premium/[net]discount of $ , and less an Underwriter’s discount of $ ). As an accommodation to the Community Facilities District, on the Closing Date, the Underwriter will remit, from the purchase price for the Bonds, the total sum of $ to the Insurer (defined below) representing the premium for the Insurance Policy (defined below). The Underwriter agrees to make a bona fide public offering of all of the Bonds initially at the public offering prices (or yields) set forth in Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds subject to Section 2 hereof, provided that the Underwriter shall not change the interest rates set forth in Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial offering prices. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Net Special Tax Revenues and subject to redemption as provided inin the Indenture, the IndenturePreliminary Official Statement (as hereinafter defined), and the Xxxxx-Xxxx Community Facilities Act of 1982, as amended (Section 53311 et seq. of the Government Code of the State of California) (the “Community Facilities District Act”). The Authority approved the issuance of the Bonds has been duly authorized by the Board of Supervisors of the County of Riverside (the “County”), as the legislative body for the Community Facilities District, pursuant to a resolution (the “Community Facilities District Resolution of Issuance”) adopted on , 2021 2024. The proceeds of the Bonds, together with certain existing funds of the Community Facilities District, will be used to (i) defease all of the Community Facilities District’s outstanding Special Tax Bonds, Series 2012 (the “Authority ResolutionSeries 2012 Bonds”), and (ii) fund the City approved Reserve Fund in an amount equal to the issuance of the Bonds pursuant to Reserve Requirement, (iii) purchase a resolution adopted on , 2021 municipal bond insurance policy (the “City ResolutionInsurance Policy”). The proceeds from the sale of the Bonds will be used in accordance with the Indenture ) issued by (i) to provide funds to finance energy efficiency improvement projects being undertaken by the City (herein the “ProjectInsurer”), and (iiiv) to pay costsof costs of issuance of the Bonds, all as more fully described . The Bonds shall be substantially in the Official Statement form described in, shall be issued and secured under the captionprovisions of, “FINANCING PLAN.” In order to provide revenues to pay debt service on and shall be payable from special taxes as provided in the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 Indenture (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site LeaseSpecial Taxes”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the Project.
Appears in 1 contract
Samples: Escrow Agreement
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, : the Underwriter hereby agrees to purchase from the Authority, Community Facilities District and the Authority Community Facilities District hereby agrees to sell to the Underwriter, Underwriter all (but not less than all) of the $ aggregate principal amount of the Dublin Financing Authority Lease Revenue City of Beaumont Community Facilities District No. 2016-3 (Sundance) 2023 Special Tax Bonds (Capital Projects) (the “Bonds”), dated the date of delivery of the BondsClosing Date (as hereinafter defined), bearing interest at the rates and maturing on the dates and in the principal amounts, and subject to redemption, as amounts set forth in Exhibit A attached hereto. The Underwriter will purchase price for the Bonds at an aggregate price of shall be $ (being 100% of the aggregate principal amount of the Bonds thereof, plus an original issue premium of $ , plus/less a [net] original issue premium/[net]discount of $ , and less an Underwriter’s discount of $ ). The Underwriter agrees to make a bona fide public offering of all of the Bonds initially at the public offering prices (or yields) set forth in Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates set forth in Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial offering prices. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Net Taxes as provided inin the Indenture, the IndenturePreliminary Official Statement (as hereinafter defined), and the Xxxxx-Xxxx Community Facilities Act of 1982, as amended (Section 53311 et seq. of the Government Code of the State of California) (the “Community Facilities District Act”). The Authority approved the issuance of the Bonds has been duly authorized by the City Council of the City of Beaumont (the “City”), as the legislative body for the Community Facilities District pursuant to a resolution adopted on , 2021 (the “Authority ResolutionCommunity Facilities District Resolution of Issuance”), and the City approved the issuance of the Bonds pursuant to a resolution ) adopted on March 21, 2021 (the “City Resolution”)2023. The proceeds from the sale of the Bonds will be used in accordance with the Indenture to: (i) to provide funds to finance energy efficiency improvement projects being undertaken by pay the City (herein the “Project”), cost and expense of certain public facilities; (ii) to fund a reserve account securing the Bonds; and (iii) pay costsof costs of issuance of the Bonds, all as more fully described . The Bonds shall be substantially in the Official Statement form described in, shall be issued and secured under the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge provisions of, and lien on shall be payable from special taxes pledged thereto as provided in the Revenues of, the ProjectIndenture.
Appears in 1 contract
Samples: Purchase Agreement
Purchase, Sale and Delivery of the Bonds. (a) Upon the basis of the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, the Underwriter hereby agrees to purchase from the AuthorityCity, and the Authority City hereby agrees to sell to the Underwriter, all (but not less than all) of the $ aggregate principal amount of the City of Dublin Financing Authority Lease Revenue Bonds Community Facilities District No. 2015-1 (Capital ProjectsDublin Crossing) Improvement Area No. 4 Special Tax Bonds, Series 2022 (the “Bonds”), dated the date of delivery of the Bonds, bearing interest at the rates and maturing on the dates in the principal amounts, and subject to redemption, as set forth in Exhibit A attached hereto. The Underwriter will purchase the Bonds at an aggregate price of $ (being the aggregate principal amount of the Bonds of $ , plus/less a [net] minus an original issue premium/[net]discount net premium/discount of $ , less an Underwriter’s discount of $ ). The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable as provided in, the IndentureFiscal Agent Agreement. The Authority approved Bonds and interest thereon will be payable from Special Tax Revenues levied and collected on the taxable land within Improvement Area No. 4 of the District. The City, acting as the legislative body of the District, authorized the issuance of the Bonds pursuant to a resolution adopted on , 2021 (the “Authority Resolution”), and the City approved the issuance of the Bonds pursuant to a resolution adopted on , 2021 2022 (the “City Resolution”). The proceeds from the sale of the Bonds will be used in accordance with the Indenture Fiscal Agent Agreement and the Xxxxx-Xxxx Community Facilities Act of 1982, as amended, constituting Section 53311 et seq. of the California Government Code (the “Act”), (i) to provide funds to finance energy efficiency improvement projects being undertaken by the City (herein cost of acquiring and constructing certain public infrastructure improvements and/or finance the “Project”)fees paid for capital improvements, and (ii) to fund a debt service reserve fund for the Bonds, (iii) to pay costsof issuance for capitalized interest, and (iv) to pay for the costs of issuing the Bonds, all as more fully described in the Official Statement under the caption, “FINANCING PLANINTRODUCTION—Use of Proceeds,” and as enumerated in Section 5 of this Purchase Contract.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the Project.
Appears in 1 contract
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, the Underwriter Underwriters hereby agrees agree to purchase from the Authority, and the Authority City hereby agrees to sell to the Underwriter, Underwriters all (but not less than all) of the $ aggregate principal amount Bonds. The Bonds are payable from (i) revenues derived from the levy of a special tax (the “Special Tax”) on hotel properties within the Convention Center Facilities District according to the rate and method of apportionment of special tax approved by the City Council and the eligible landowner voters in the Convention Center Facilities District (the “District”), and (ii) moneys deposited in certain funds held by the Trustee under the Indenture. A portion (the “Available TOT”) of the Dublin moneys received by the City as a result of the levy of the City’s transient occupancy tax may be deposited into the Revenue Fund established pursuant to the Indenture, but the City Council has no obligation to appropriate such Available TOT for this purpose. The Bonds will mature on , 20 and are subject to optional and mandatory redemption as set forth in the Indenture and on the dates and in the amounts set forth in the Exhibit A hereto. Simultaneously with the issuance of the Bonds, the City of San Xxxx Financing Authority (the “Authority”) plans to issue its $ Lease Revenue Bonds Bonds, Series 2011A (Capital ProjectsConvention Center Expansion and Renovation Project) (the “2011A Bonds”), dated . A portion of the date of delivery proceeds of the Bonds, bearing interest at together with a portion of the rates proceeds of the 2011A Bonds, will be used to finance the expansion, rehabilitation and maturing on upgrading of the dates in San Xxxx Convention Center (the principal amounts, and subject to redemption, as set forth in Exhibit “Project”). A attached hereto. The Underwriter will purchase portion of the Bonds at an aggregate price of $ (being the aggregate principal amount proceeds of the Bonds will also be used to fund the Reserve Fund for the Bonds, and to pay capitalized interest and costs of $ issuance. Pursuant to the Indenture, plus/less all Special Tax revenues held by the City, all amounts in the Revenue Fund and any investment earnings in the Revenue Fund shall be pledged to, and shall constitute a [net] original issue premium/[net]discount trust fund for, the payment of $ , less an Underwriter’s discount the principal of $ )and interest on the Bonds and any Additional Bonds. The Bonds shall be substantially in the form described in, and shall be issued executed, delivered and secured under the provisions ofand pursuant to, and shall be payable and subject to redemption as provided in, the Indenture. The Authority approved City hereby covenants to deliver or cause to be delivered to the issuance Underwriters, not less than three days prior to the Closing Date (as hereinafter defined) and not more than seven business days from the date hereof, copies of the Official Statement relating to the Bonds pursuant (including the cover page, the introduction and all appendices thereto, the “Official Statement”), dated , 2011, and executed on behalf of the City by a duly authorized representative, in such reasonable quantity as the Underwriters shall request. The City hereby approves the use and distribution by the Underwriters of the Official Statement and hereby authorizes the Underwriters to a resolution adopted on use and distribute the Official Statement and all other documents, 2021 certificates and statements furnished to the Underwriters in connection with the transactions contemplated by this Bond Purchase Agreement, in connection with the offer and sale of the Bonds. The Indenture, the Continuing Disclosure Certificate dated the Closing Date (the “Authority Resolution”), and the City approved the issuance of the Bonds pursuant to a resolution adopted on , 2021 (the “City Resolution”). The proceeds from the sale of the Bonds will be used in accordance with the Indenture (i) to provide funds to finance energy efficiency improvement projects being undertaken by the City (herein the “Project”), and (ii) to pay costsof issuance of the Bonds, all as more fully described in the Official Statement under the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 (the “LeaseContinuing Disclosure Certificate”) and a Site Lease, dated October 1, 2021 (the Bonds shall be collectively referred to herein as the “Site LeaseLegal Documents.”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the Project.
Appears in 1 contract
Samples: Bond Purchase Agreement
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, the Underwriter hereby agrees to purchase from the Authority, Community Facilities District and the Authority Community Facilities District hereby agrees to sell to the Underwriter, Underwriter all (but not less than all) of the $ $[PAR] aggregate principal amount of Community Facilities District No. 2020-2 of the Dublin Financing Authority Lease Revenue Bonds City of Escondido (Capital ProjectsThe Villages) Special Tax Bonds, Series 2022 (the “Bonds”), dated the date of delivery of the BondsClosing Date (as hereinafter defined), bearing interest at the rates and maturing on the dates and in the principal amounts, and subject to redemption, as amounts set forth in Exhibit A attached hereto. The Underwriter will purchase price for the Bonds at an aggregate price of shall be $ (being 100% of the aggregate principal amount of the Bonds thereof, plus original issue premium of $ , plus/less a [net] original issue premium/[net]discount of $ , and less an Underwriter’s discount of $ ). The Underwriter agrees to make a bona fide public offering of all of the Bonds initially at the public offering prices (or yields) set forth in Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds subject to Section 4 hereof, provided that the Underwriter shall not change the interest rates set forth in Exhibit A. The Bonds will be offered and sold to certain dealers at prices lower than such initial offering prices. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Net Taxes as provided inin the Indenture, the IndenturePreliminary Official Statement (as hereinafter defined), and the Xxxxx-Xxxx Community Facilities Act of 1982, as amended (Section 53311 et seq. of the Government Code of the State of California) (the “Community Facilities District Act”). The Authority approved the issuance of the Bonds has been duly authorized by the City Council of the City of Escondido (the “City”), as the legislative body for the Community Facilities District, pursuant to a resolution adopted on , 2021 (the “Authority ResolutionCommunity Facilities District Resolution of Issuance”), and the City approved the issuance of the Bonds pursuant to a resolution ) adopted on June 15, 2021 (the “City Resolution”)2022. The net proceeds from the sale of the Bonds will be used in accordance with the Indenture to (i) finance certain public improvements needed with respect to provide funds the development of property located within the Community Facilities District, including public improvements to finance energy efficiency improvement projects being undertaken be owned by the City and water and sewer facilities to be owned and operated by the Xxxxxx Del Diablo Municipal Water District, (herein ii) fund a reserve account with respect to the “Project”)Bonds, and (iiiii) pay the costs of issuance with respect to pay costsof issuance of the Bonds, all as more fully described in the Official Statement under the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the Project.
Appears in 1 contract
Samples: Bond Purchase Agreement
Purchase, Sale and Delivery of the Bonds. (a) Upon the basis of the representations, warranties and agreements herein set forth and subject to the terms and conditions contained hereinherein and in the Letter of Representations, dated the date hereof (the “Letter of Representations”), executed and delivered by the State Water Board and attached hereto as Exhibit B, the Underwriter Underwriters hereby agrees agree to purchase from the AuthorityTreasurer on behalf of the Infrastructure Bank, and the Authority Treasurer on behalf of the Infrastructure Bank hereby agrees to sell to the UnderwriterUnderwriters, all (but not less than all) of the $ aggregate principal amount of the Dublin Financing Authority Lease California Infrastructure and Economic Development Bank Clean Water State Revolving Fund Revenue Bonds Bonds, Series 2016 (Capital ProjectsGreen Bonds) (the “Bonds”), dated the date of delivery of the BondsApril [28], 2016, bearing interest at the rates and maturing on the dates and in the principal amounts, and subject to redemption, as set forth in Exhibit A attached hereto. The Underwriter Underwriters will purchase the Bonds at an aggregate price of $ (being the aggregate principal amount of the Bonds of $ , plus/less a an underwriters’ discount of $ , and plus a[n] [net] original issue premium/[net]discount of $ , less an Underwriter’s discount premium of $ ). The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable as provided in, that certain Master Trust Indenture, dated as of November 1, 2012 (the “Master Trust Indenture”), between the Infrastructure Bank and the Treasurer of the State of California, as trustee (the “Trustee”); and that certain Series 2016 Indenture, dated as of April 1, 2016, between the Infrastructure Bank and the Trustee (the “Series 2016 Indenture,” and, together with the Master Trust Indenture, the “Indenture”); and that certain Master Payment and Pledge Agreement, dated as of November 1, 2012 (the “Pledge Agreement”), between the Infrastructure Bank and the State Water Board. Proceeds of the Bonds not used to pay costs of issuance will be applied to the clean water state revolving fund administered by the State Water Board. The Authority Infrastructure Bank approved the issuance of the Bonds Bonds, authorized the execution and delivery of the Series 2016 Indenture and this Purchase Agreement, approved the form of the Preliminary Official Statement (as hereinafter defined) and authorized the distribution by the Underwriters of the Preliminary Official Statement and the Official Statement (as hereinafter defined) pursuant to a resolution its Resolution No. 16- adopted on March [22], 2021 2016, (the “Authority Resolution”), and the City approved the issuance of the Bonds pursuant to a resolution adopted on , 2021 (the “City Infrastructure Bank Resolution”). The proceeds from State Water Board authorized the sale execution and delivery of the Bonds will be used in accordance with the Indenture (i) to provide funds to finance energy efficiency improvement projects being undertaken by the City (herein the “Project”)Letter of Representations, and (ii) to pay costsof issuance of the Bonds, all as more fully described in the Official Statement under the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on the Bonds, the City this Purchase Agreement and the Authority are entering into a Lease Continuing Disclosure Agreement, dated as of October 1April , 2021 2016 (the “LeaseContinuing Disclosure Agreement”) ), between the State Water Board and a Site Leasethe Treasurer of the State of California, dated October 1as dissemination agent and as Trustee, 2021 approved the Indenture, the Preliminary Official Statement and the Official Statement and authorized the distribution by the Underwriters of the Preliminary Official Statement and the Official Statement pursuant to its Resolution No. 2016- adopted on March [15], 2016 (the “Site LeaseState Water Board Resolution”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the Project.
Appears in 1 contract
Samples: Bond Purchase Agreement
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, the Underwriter hereby agrees to purchase from the AuthorityDistrict, and the Authority hereby District agrees to sell to the Underwriter, all (but not less than all) of the $ aggregate principal amount of the Dublin Financing Authority Lease Revenue Bonds Community Facilities District No. 2 (Capital ProjectsSantaluz) Improvement Area No. 3 Special Tax Refunding Bonds, Series 2015 (the “Bonds”), . The Bonds shall be dated the date of delivery of the BondsClosing Date (hereinafter defined), bearing and bear interest (payable semiannually on March 1 and September 1 in each year, commencing March 1, 2016) at the rates per annum and maturing on the dates and in the principal amounts, and subject to redemption, as amounts set forth in Exhibit A attached hereto. The Underwriter will purchase price for the Bonds at an aggregate price of shall be $ (being representing the aggregate principal amount of the Bonds of $ , plus/less a [net] original issue premium/[net]discount of $ Bonds, less an Underwriter’s discount of $ , and plus [less] net original issue premium [discount] of $ ). The Bonds shall will be substantially subject to redemption as set forth in the Indenture (defined below). The Bonds will be issued in book-entry form described in, only. The Bonds shall be issued and secured under the provisions of, and shall be payable and subject to redemption as provided in, a Bond Indenture, dated as of June 1, 2015 (the “Indenture. The Authority ”), between the District and MUFG Union Bank, N.A., as trustee (the “Trustee”), approved the issuance of the Bonds pursuant to in a resolution adopted on , 2021 (the “Authority Resolution”), and by the City approved the issuance Council of the Bonds pursuant to a resolution adopted on , 2021 City (the “City ResolutionCouncil”), acting in its capacity as the legislative body of the District (the “Resolution of Issuance”). The proceeds Bonds and interest thereon will be payable from special taxes (referred to herein as the “Special Tax” or the “Special Taxes”) levied and collected on the taxable land within Improvement Area No. 3 of the District (the “Improvement Area”). Proceeds of the sale of the Bonds Bonds, together with certain other funds of the District, will be used in accordance with the Indenture and the Xxxxx-Xxxx Community Facilities Act of 1982, as amended (iSections 53311 et seq. of the Government Code of the State of California) to provide funds to finance energy efficiency improvement projects being undertaken by the City (herein the “ProjectAct”), to defease the District’s outstanding Improvement Area No. 3 Special Tax Bonds Series B of 2000 (the “2000 Bonds”), to fund a Reserve Account for the Bonds, and (ii) to pay costsof costs of issuance of the Bonds, all as more fully described in the Official Statement under the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the Project.
Appears in 1 contract
Samples: Bond Purchase Agreement
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, the Underwriter hereby agrees to purchase from the Authority, Authority and the Authority hereby agrees to sell to the Underwriter, Underwriter all (but not less than all) of the $ aggregate principal amount of the Dublin Costa Mesa Public Financing Authority Lease Revenue Bonds (Capital Projects) Refunding Bonds, Series 20042005A (the “Bonds”), dated the date of the initial delivery of the Bondsthereof, JanuaryDecember , 2004,2005, bearing interest at the rates and maturing on the dates and in the principal amounts, and subject to redemption, as amounts set forth in Exhibit A attached hereto, and the Authority hereby agrees to (i) redeem those certain Costa Mesa Public Financing Authority 1991 Local Agency Revenue Bonds, Series A in the amount listed on Exhibit B hereto (the “Refunded Bonds”). The Underwriter will purchase price for the Bonds at an aggregate price of $ (being shall be the aggregate principal amount of the Bonds of $ , plus/thereof less a [net] an original issue premium/[net]discount discount of $ , less an Underwriterunderwriter’s discount of $ )by the Authority simultaneously with the Underwriter’s purchase of the Bonds. The maturity schedule and mandatory sinking fund redemption schedule of the Bonds is set forth in Exhibit A hereto. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Revenues as provided inin the Indenture, the Indenture. The Authority approved the issuance of the Bonds pursuant to a resolution adopted on , 2021 Preliminary Official Statement (the “Authority Resolution”as hereinafter defined), and the City approved the issuance Xxxxx- Xxxx Local Bond Pooling Act of 1985, constituting Article 4 (commencing with Section 6584) of the Bonds pursuant to a resolution adopted on , 2021 Government Code of the State of California (the “City ResolutionAct”). The net proceeds from the sale of the Bonds will be used in accordance with to (1) redeem the Indenture (i) to provide funds to finance energy efficiency improvement projects being undertaken by the City (herein the “Project”), and (ii) to pay costsof issuance of the Refunded Bonds, all as more fully described in the Official Statement under the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the Project.,
Appears in 1 contract
Samples: Purchase Agreement
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, : the Underwriter hereby agrees to purchase from the Authority, Community Facilities District and the Authority Community Facilities District hereby agrees to sell to the Underwriter, Underwriter all (but not less than all) of the $ aggregate principal amount of the Dublin Financing Authority Lease Revenue Bonds City of Palm Desert Community Facilities District No. 2021-1 (Capital ProjectsUniversity Park) Special Tax Bonds, Series 2024 (the “Bonds”), dated the date of delivery of the BondsClosing Date (as hereinafter defined), bearing interest at the rates and maturing on the dates and in the principal amounts, and subject to redemption, as amounts set forth in Exhibit A attached hereto. The Underwriter will Bonds shall be subject to redemption as set forth in the Indenture and Official Statement. The purchase price for the Bonds at an aggregate price of shall be $ (being 100% of the aggregate principal amount of the Bonds thereof, plus an original issue premium of $ , plus/less a [net] original issue premium/[net]discount of $ , and less an Underwriter’s discount of $ ). The Underwriter agrees to make a bona fide public offering of all of the Bonds initially at the public offering prices (or yields) set forth in Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates set forth in Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial offering prices. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Net Taxes as provided in the Indenture, the Preliminary Official Statement (as hereinafter defined), and the Xxxxx-Xxxx Community Facilities Act of 1982, as amended (Section 53311 et seq. of the Government Code of the State of California) (the “Community Facilities District Act”). The issuance of the Bonds has been duly authorized by the City Council of the City of Palm Desert (the “City”), as the legislative body for the Community Facilities District pursuant to a resolution (the “Community Facilities District Resolution of Issuance”) adopted on , 2024. The proceeds of the Bonds will be used to: (i) finance the acquisition of certain public improvements needed with respect to the development of property located within the Community Facilities District, including public improvements to be owned by the City and water and sewer facilities to be owned and operated by the Coachella Valley Water District; (ii) fund a reserve account for the Bonds; and (iii) pay costs of issuance for the Bonds. The Bonds are being issued on a parity with the $15,200,000 initial par amount City of Palm Desert Community Facilities District No. 2021-1 (University Park) Special Tax Bonds, Series 2021 (the “2021 Bonds”). The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from special taxes pledged thereto as provided in, in the Indenture. The Authority approved the issuance of the Bonds pursuant to a resolution adopted on , 2021 (the “Authority Resolution”), and the City approved the issuance of the Bonds pursuant to a resolution adopted on , 2021 (the “City Resolution”). The proceeds from the sale of the Bonds will be used in accordance with the Indenture (i) to provide funds to finance energy efficiency improvement projects being undertaken by the City (herein the “Project”), and (ii) to pay costsof issuance of the Bonds, all as more fully described in the Official Statement under the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site Lease”), pursuant to which the Authority will lease certain real property and improvements (the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the Project.
Appears in 1 contract
Samples: Purchase Agreement
Purchase, Sale and Delivery of the Bonds. (a) Upon Subject to the basis of terms and conditions and in reliance upon the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, the Underwriter hereby agrees to purchase from the Authority, Authority and the Authority hereby agrees to sell to the Underwriter, Underwriter all (but not less than all) of the $ aggregate principal amount of the Dublin Chula Vista Municipal Financing Authority Lease Local Agency Revenue Bonds (Capital Projects) Refunding Bonds, Series 2024 (the “Bonds”), dated the date of delivery of the BondsClosing Date (as hereinafter defined), bearing interest at the rates and maturing on the dates and in the principal amounts, and subject to redemption, as amounts set forth in Exhibit A attached hereto. The Underwriter will purchase price for the Bonds at an aggregate price of shall be $ (being 100% of the aggregate principal amount of the Bonds thereof plus an original issue premium of $ , plus/less a [net] original issue premium/[net]discount of $ , and less an Underwriter’s discount of $ ). From the proceeds of the Bonds, the Authority agrees to purchase each of the Local Obligations pursuant to the terms of the Local Obligations Purchase Agreement, dated , 2024 (the “Local Obligations Purchase Agreement”), among the Authority and the Community Facilities Districts. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Revenues as provided inin the Indenture, the IndenturePreliminary Official Statement (as hereinafter defined), and the Xxxxx-Xxxx Local Bond Pooling Act of 1985, as amended, being Article 4, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the “Bond Law”). The Authority approved the issuance of the Bonds has been duly authorized by the Authority pursuant to a resolution adopted on , 2021 Resolution No. (the “Authority Resolution”)) adopted by the Board of Directors of the Authority on , 2024. The Bonds are being issued to purchase the Local Obligations. The Local Obligations shall each be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from special taxes pledged thereto as provided in each of the City approved Local Obligations Security Documents. The Local Obligations are each being issued under the Xxxxx-Xxxx Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Community Facilities District Act”). The issuance of the Bonds Local Obligations have been duly authorized by the Community Facilities Districts, pursuant to a resolution five separate resolutions (collectively, the “Districts Resolutions”) adopted on by the City Council of the City of Chula Vista, 2021 acting as legislative body of each Community Facilities District (the “City ResolutionCouncil”). The net proceeds from the sale of the Bonds Local Obligations, along with other available funds, will be used in accordance with the Indenture to: (i) to provide funds to finance energy efficiency improvement projects being undertaken by refund the City Prior Bonds (herein as defined in the “Project”Indenture), and simultaneously defease the Authority’s Special Tax Refunding Revenue Bonds, Series 2013 (the “2013 Bonds”); (ii) to pay costsof issuance of the Bonds, all as more fully described purchase a debt service reserve insurance policy for deposit in the Official Statement under Reserve Fund to fund the caption, “FINANCING PLAN.” In order to provide revenues to pay debt service on the Bonds, the City and the Authority are entering into a Lease Agreement, dated as of October 1, 2021 initial Reserve Requirement (the “Lease”) and a Site Lease, dated October 1, 2021 (the “Site LeaseReserve Policy”), pursuant to which ; and (iii) pay the Authority will lease certain real property and improvements (costs of issuing the “Leased Property”) to the Authority, and the Authority will lease the Leased Property back to the City in return for semi-annual Lease Payments that are secured by a pledge of, and lien on the Revenues of, the ProjectBonds.
Appears in 1 contract
Samples: Chula Vista Municipal Financing Authority Local Agency Revenue