RES 87418 - Laserfiche WebLink

and shall be binding upon the City, the Lessor and the Underwriter. All terms not defined herein shall have the meanings set forth in the Official Statement hereinafter mentioned. 1. Upon the terms and conditions and upon the basis of the representations herein set forthe. the Underwriter hereby agrees to purchase and the City agrees to cause the Trustee to deliver to the Underwriter all (but not less than all) of the $ aggregate principal amount of the 1987 Certificates of Participation For Capital Projects I and II (the "Certificates") to be dated October 1, 1987 and having maturities and representing interest at the rates set forth in the Official Statement, at an aggregate purchase price of $ Closing as definedplus interest accrued thereon to the date of in Section 5 hereof. Each Certificate shall evidence an undivided interest of the owner thereof in rental payments (the "Rental Payments") to be paid by the City as the rental price for a reservoir, with connecting pipeline ("Capital Project I"), and an office building ("Capital Project II"; collectively, the "Project"), pursuant to and as more particularly described in the Facility Lease (the "Lease"), dated as of October 1, 1987, between the City, as lessee, and the Lessor. The real property to be leased by the City in connection with the acquisition of Capital Project I is more fully described in the Site Lease (the "Site Lease"), dated as of October 1, 1987, between the Lessor and the City, such real property to be conveyed to the Lessor by a Deed of Gift (the "Deed of Gift"). The Lessor's right to receive the Rental Payments and to exercise remedies upon default have been assigned to the Trustee for the benefit of the Owners pursuant to the Assignment Agreement (the "Assignment Agreement"), dated as of October 1, 1987, between the Lessor and the Trustee. Pursuant to the Agency Agreement (the "Agency Agreement"), dated as of October 1, 1987, between the Lessor and the Lessee, the Lessor irrevocably appoints the Lessee as its agent in connection with the acquisition and construction of the Project. The Certificates shall be as described in, and shall be secured under and pursuant to the Trust Agreement (the "Trust Agreement"), dated as of October 1, 1987, by and among the City, the Lessor and the Trustee substantially in the form previously submitted to the Underwriter with only such changes therein as shall be mutually agreed upon by the Lessor, the City and the Underwriter. The Certificates shall represent the proportionate interests of the Owners, as defined in the Trust Agreement, in the Rental Payments which the City has covenanted under the Lease to make, and in moneys held under the Trust Agreement including moneys held in the Reserve Fund thereunder. 2 1739030/2