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AWARD <br /> <br />The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true <br />interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in <br />accordance w'lth customary pr'act[ce, wit[ be controlling. <br /> <br />The City will reserve the right to: (il waive non-substantive Informalities of any proposal or of <br />matters relating [o the receipt et proposals and award of the Bonds, (id eeject all proposals <br />without. ~au~e, end, (ii) reject any proposal ~/hich the City determines to have failed to comply <br />with the terms herein. <br /> <br />BOND INSURANCE AT PURCHASER'S OPTION <br /> <br />If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment <br />therefor at the option of the underwriter, the pu¢chase of any such insurance policy or the <br />~ssuance of any such commitment shall be at the so)e option and expense of the purchaser of <br />the Bonds, Any increased costs of issuance of the 13ends resulting from such purchase of <br />insurance shall be paid by the purchaser, except that, if the City has requested and received a <br />rating ol1 the Bonds from a rating agency, the City will pay that rating fee. Any other rating <br />agency 'lees shall be the responsibility of the purchaser. <br /> <br />Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the <br />purchaser shall not constitute cause for failu(e or refusal by the purchaser to accept delivery on <br />the Bonds. <br /> <br />CUSIP NUMBERS <br /> <br />If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the <br />13ends, but neither t;':~ failure Jo print such tlumbers on any 13end nor any error with respect <br />theeeto will constitu'L~:, cause for failure or refusal by the purchaser to accept delivery of [he <br />Bonds; The CUSIP Service Bureau charge for th~ assignment et= CUSIP ldenti/icatk)n numbers <br />shall be paid by the purchaser. <br /> <br />SETTLEMENT <br /> <br />Within 40 days following the date of their award, the Bonds will be delivered without cost to the <br />purchaser through DTC in New York, New York. Delivery will be subject to receipt by the <br />purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of <br />Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- <br />litigation certificate. On the date of set~lement, payment for [he Bonds shall be made in federal, <br />er equivalent, funds which shall be received at the offices of the City or its designee not later <br />than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds <br />shall have been made impossible by action of the City, or its agents, the purchaser shall be <br />liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance <br />with said terms for paymem. <br /> <br />CONTINUING DISCLOSURE <br /> <br /> On the date of act. ual issuance and delivery of the Bonds, the City will execute and deliver a <br /> <br />· Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for <br /> the benefit of the owners of the Bonds to provide certain financial and other information about <br /> the City and notices of certain occurrences to information repositories as specified in and <br /> required by SEC Rule 15c2.-12(b){5). <br /> <br />80 <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br /> <br /> <br />