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<br />WHEREAS, in addition to the financing to be provided by means of the installment sale <br />agreement described above, the City will make a loan to the Corporation to assist <br />in the financing of the Facility, and will lease the site on which the Facility is to <br />be constructed to the Corporation; and <br /> <br />WHEREAS, it is in the public interest and for the public benefit and the benefit of the <br />Corporation that the City authorize and direct execution of certain financing and <br />lease documents in connection with the Facility; and <br /> <br />WHEREAS, the City Council now desires to approve the execution and delivery by the City <br />of the installment sale agreement and related documents, and the documents <br />evidencing the loan by the City, the lease of the Facility site by the City and <br />related documents, all in order to assist in the financing of the Facility. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES AS <br />FOLLOWS: <br /> <br />The below-enumerated documents, in the respective forms on file with the City <br />Clerk, are hereby approved and the City Manager is hereby authorized and <br />directed to execute each of said documents in such forms, together with such <br />changes, insertions and omissions as may be approved by the City Manager <br />upon consultation with the City Attorney and Bond Counsel, such approval to <br />be conclusively evidenced by the execution and delivery of the respective <br />documents by the City. <br /> <br />Section 1: <br /> <br />(a) a Trust Agreement (the "Trust Agreement") among the City, the <br />Corporation and Wells Fargo Bank, National Association, as trustee (the <br />"Trustee"); <br /> <br />(b) a First Installment Sale Agreement (the "First Installment Sale <br />Agreement"), between the Corporation and the City; <br /> <br />(c) a Second Installment Sale Agreement, between the City and the <br />Corporation; <br /> <br />(d) a First Assignment Agreement, between the City and the Corporation; <br /> <br />(e) a Subordination Agreement among the City, the Corporation and <br />Citibank(Wes~,FSB; <br /> <br />(f) an Intercreditor Agreement, among the City, Citibank (West), FSB and <br />the Trustee; <br /> <br />(g) a Construction Deed of Trust, with Assignment of Rents, Security <br />Agreement, and Fixture Filing, by the Corporation and the City as <br />trustors, Citibank Service Corporation, as trustee, and Citibank (West), <br />FSB, as beneficiary; together with Joinder of Ground Lessor attached as <br />Exhibit B thereto; <br /> <br />-2- <br />