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Resolution 10955CITY OF ALAMEDA RESOLUTION NO. 10955 A RESOLUTION PROVIDING FOR ISSUANCE OF BONDS (Change and Modification of 1906) MARINA VILLAGE ASSESSMENT DISTRICT 84-3 RESOLVED, by the City Council of the City of Alameda, County of Alameda, California, (herein the "City"), that WHEREAS, on August 21, 1984 this Council passed and adopted Resolution Of Intention No. 10421 relating to the acquisition and/or construction of public improvements under and pursuant to the provisions of the Municipal Improvement Act of 1913, and therein provided that serial Bonds would be issued thereunder pursuant to the provisions of the Improvement Bond Act of 1915, reference to said Resolution of Intention hereby being expressly made for further particulars; WHEREAS, in proceedings heretofore taken pursuant to said Resolution of Preliminary Determination and of Intention, this Council adopted Resolution No, 10520 on January 15, 1984, under which bonds designated "Improvement Bonds, City of Alameda, Marina Village Assessment District 84-3, Series 85-1'/, in the principal amount of $15,300,000 were issued, sold and delivered, and further, pursuant to said Resolution, this Council adopted Resolution NO. 10764 on October 15, 1985, under which bonds designated "Improvement Bonds, City of Alameda, Marina Village Assessment District 84-3, Series 85-2" in the principal amount of $9,100,000 were issued, sold and delivered; WHEREAS, in proceedings taken by this City Council pursuant to Resolution No. 10919, A Resolution of Intention to Levy Reassessments and to Issue Refunding Bonds Upon the Security Thereof, adopted June 3, 1986, this Council has duly authorized reassessment of the lands within the Marina Village Assessment District in the amount of $40,000,000 and the issuance of Refunding Improvement Bonds upon the security thereof in the principal amount of $26,235,000 to provide for the refunding of said Series 85 -1 and 85 -2 Bonds, leaving a balance of assessment in the amount of $13,675,000. WHEREAS, in proceedings taken by this Council pursuant to Resolution No. 10921, A Resolution of Intention to Make Changes and Modifications, adopted June 3, 1986, this Council has authorized the increase in the amount of total assessment within the Marina Village Assessment District 84 -3 to correspond to the said amount of the reassessment and refunding hereinabove described and the proceedings conducted pursuant to said Resolution of Preliminary Determination and of Intention have been changed and modified as set forth in said proceedings and are hereby incorporated by this reference to provide the authority to issue further bonds pursuant to said Resolution of Preliminary Determination and of Intention and upon the said balance of assessment in the amount of $13,675,000. WHEREAS, notice of the recordation of the assessment and of the time within which assessments were to be paid in cash was waived in writing by all of the owners of lands assessed in these proceedings mailed in the manner provided by law, and the time so provided for receiving said waivers are on file with the City Clerk of this City, and a list of all assessments remaining unpaid has been filed with the City. WHEREAS, this Council duly considered said list and determined that the same was an accurate statement thereof; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED, as follows: 1. List of Unpaid Assessments. The assessments now remaining unpaid are as shown on said list and on Exhibit "A" attached hereto and by this reference made a part hereof; the aggregate amount thereof is $40,000,000; and for a particular description of the lots or parcels of land bearing the respective assessment numbers set forth in said list, reference is hereby made to the assessment and to the diagram recorded in the office of the Superintendent of Streets of the City after confirmation thereof by this Council. 2. Issuance of Bonds. Bonds in the aggregate principal amount of $6,300,000 shall be issued as hereinafter provided upon the security of said unpaid assessments in accordance with the provisions of the Improvement Bond Act of 1915 (Division 10 of the California Streets and Highways Code) and under and pursuant to the provisions of said Resolution of Intention and the proceedings thereunder duly had and taken. Jurisdiction is hereby expressly reserved to issue bonds upon the securing of the remaining balance $7,375,000 of unpaid assessments said balance being the difference between the total reassessment amount of $40,000,000, less Refunding Improvement Bonds, City of Alameda, Marina Village Assessment District 84 -3, Series 86 -2 in principal amount of $26,325,000 and the Bonds herein authorized. The Bonds herein provided to be issued shall be known as "Improvement Bonds, City of Alameda, Marina Village Assessment District 84 -3, Series 86 -2 ", (the "Bond or Bonds ") and shall be dated July 14, 1986. The Bonds shall be issued only in fully registered form in denominations of $5,000 or any integral multiple thereof, and shall mature in the amounts and on the dates and at the rates of interest set forth in Exhibit "B" attached hereto and by this reference made a part hereof. The Bonds shall be numbered or otherwise identified by the Agent designated pursuant to Section 4 hereof. 3. Form of Bonds. The Bonds shall be substantially in the form set forth in Exhibit "C" hereto and hereby made a part hereof. 4. Payment of Bonds. The Bonds shall bear interest at the rate or rates determined by this Council at the time of sale thereof (not to exceed twelve percent (12 %) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale thereof), payable commencing on March 2, 1987, and semiannually thereafter on September 2 and March 2 of each year to maturity ( "interest payment dates "). For purposes of this resolution, the term "Bond Year" means the twelve month period beginning September 2 of each year and ending on the first day of said month in the following year. Each Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated and registered, unless authenticated and registered (i) prior to an interest payment date and after the close of business of the fifteenth day preceding such interest payment date, in which event it shall bear interest from such interest payment date, or (ii) prior to the close of business on the fifteenth day of the month preceding March 2, 1987, in which event it shall bear interest from its date; provided, however, that if at the time of authentication interest is in default, each Bond shall bear interest from the date to which interest has been paid. Each Bond will continue to bear interest after maturity at the rate stated therein, provided it is presented at maturity and payment thereof is refused on the sole ground that there is not sufficient money in the redemption fund with which to pay same; if it is not presented at maturity, interest thereon will run only until maturity. 5. Designation of Agent. Bank of America National Trust and Savings Association is hereby designated as the Transfer Agent, Registrar and Paying -4- Agent (hereinafter the "Agent "). The Agent shall be employed by the City for the purposes hereof pursuant to a separate agreement acceptable to and approved by the Finance Director of the City and the Agent. The principal and redemption premium of said Bonds shall be payable in lawful money of the United States of America at the office(s) of the Agent in San Francisco, California, upon the presentation and surrender of the Bonds as the same become due and payable. Interest on the Bonds shall be paid to the registered owner thereof by check or draft mailed to the address entered in the registry book provided for herein as of the fifteenth (15th) day immediately preceding each interest payment date. 6. Execution. The Bonds shall be executed on behalf of the City and under its official seal by its Finance Director and by its City Clerk, whose signatures shall be reproduced on the Bonds by engraved, printed or lithographed facsimile thereof, and the official seal may be placed on the Bonds in like manner; such signing and sealing shall constitute and be a sufficient and binding execution of each and every one of said Bonds. The Bonds shall then be delivered to the Agent for authentication by it. If any officer whose signature appears on the Bonds ceases to be such officer before the authentication and delivery of the Bonds to the purchaser thereof, such signature shall be as valid as if such officer had remained in office until the authentication and delivery of the Bonds. 7. Authentication. Only such of the Bonds as shall bear thereon a certificate of authentication substantially in the form below, manually executed by the Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution, and such certificate of the Agent shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the -5- benefits of this resolution. The Agent's certificate of authentication on any Bond shall be deemed to be executed by it if signed by an authorized officer or signatory of the Agent, but it shall not be necessary that the same officer Or signatory sign the certificate of authentication on all of the Bonds issued hereunder. [FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION] This is one of the Bonds described in the Resolution Determining Unpaid Assessments and Providing for Issuance of Bonds which has been registered on By Authorized Officer 8. Preparation and Delivery of Bonds. The Finance Director of the City of Alameda is hereby directed to cause the Bonds to be prepared in accordance with this resolution and to deliver same upon their completion and execution to the Agent who shall authenticate and deliver the Bonds to the purchaser thereof, upon receipt of the purchase price therefor, and upon the performance of the conditions contained in the accepted bid for the Bonds. 9. Improvement Fund. Said Finance Director shall keep an improvement fund designated by the name and/Or number of these assessment proceedings (the "Improvement Fund"), into which shall be placed the proceeds received from the sale of the Bonds, including any premium (except that any interest accrued from the date of the Bonds to the date of delivery thereof shall be placed in the Redemption Fund provided in Section 10 hereof). All monies in the Improvement Fund shall be withdrawn only upon checks or warrants of the City and shall be applied exclusively to the payment of the cost of the acquisitions and/or construction of the improvements described in the -6- proceedings under and pursuant to said Resolution of Intention, as now or hereafter changed or modified by appropriate legal proceedings, and all expenses incidental thereto. Any surplus remaining in the Improvement Fund, after payment of all lawful costs and all legal charges, claims and expenses shall be used as set forth in the proceedings. 10. Redemption Fund. Said Finance Director shall keep a redemption fund designated by the name of the Bonds, (the "Redemption Fund ") into which shall be placed any accrued interest for the period from the date of the Bonds to the date of delivery thereof and all sums received from the collection of unpaid assessments provided for in Section 11 hereof, and of the interest and penalties thereon, and from which fund disbursement shall be made to pay the principal or advance redemption price of the Bonds and the interest due thereon. 11. Collection of Unpaid Assessment. The unpaid assessments shown on Exhibit "A" hereto, together with the interest thereon, shall be payable in annual series corresponding in number to the number of serial maturities of the Bonds issued. An annual proportion of each unpaid assessment shall be payable in each year preceding the date of maturity of each of the several series of the Bonds issued, sufficient to pay the Bonds when due, and such proportion of each unpaid assessment coming due in any year, together with the annual interest thereon, shall be payable in the same manner and at the same time and in the same installment as the general taxes on real property are payable, and become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property. All sums received from the collection of said unpaid assessments and of the interest and penalties thereon shall be placed in the Redemption Fund. -7- 12. Redemption Prior to Maturity. Each Bond, or any portion thereof in the amount of five thousand dollars ($5000) of any integral multiple thereof, outstanding may be redeemed and paid in advance of maturity upon the second day of March or September in any year by giving at least 60 days notice and by paying the principal amount thereof together with a premium equal to three percent (3 %) of the principal plus interest to the date of advanced maturity, unless sooner surrendered, in which event said interest will be paid to the date of payment all in the manner and as provided in the Bond Act of 1915. The provisions of Part 11.1 of the Bond Act of 1915 are applicable to the advance payment of assessments and to the calling of the Bonds. The Finance Director shall call for redemption and retire Bonds upon prepayment of assessments in amounts sufficient therefor, or whenever sufficient surplus funds are available therefor in the Redemption Fund. In selecting Bonds for retirement, the lowest numbered Bonds of the various annual maturities shall be chosen pro rata in a manner intended to disturb as little as possible the relationship of unpaid assessments to the Bonds then outstanding. 13. Exchange of Bonds. Any Bond, upon surrender thereof at the office of the Agent, together with an assignment duly executed by the registered owner thereof or such owner's attorney or legal representative in such form as shall be satisfactory to the Agent, may, at the option of such owner, be exchanged for an aggregate principal amount of Bonds equal to the principal amount of the Bond so surrendered, and of any authorized denomination or denominations. The City shall make provision for the exchange of Bonds at the office of the Agent. -8- 14. Negotiability, Registration and Transfer of Bonds. The Agent shall keep books for the registration, and for the registration of transfers, of the Bonds as provided in this resolution which shall at all times be open to inspection by the City. The transfer of any Bond may be registered only upon such books upon surrender thereof to the Agent together with an assignment duly executed by the owner or such owner's attorney or legal representative in such form as shall be satisfactory to the Agent. Upon any such registration of transferee the City shall execute and the Agent shall authenticate and deliver in exchange for such Bond a new Bond or Bonds registered in the name of the transferee, of any denomination or denominations authorized by this resolution, and in an aggregate principal amount equal to the principal amount of such Bond or Bonds so surrendered. In all cases in which Bonds shall be exchanged the City shall execute and the Agent shall authenticate and deliver at the earliest practicable time Bonds in accordance with the provisions of this resolution. All Bonds surrendered in any such exchange or registration of transfer shall forthwith be cancelled by the Agent. The City or the Agent may make a charge for every such exchange or registration of transfer of Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge shall be made to any owner for the privilege of exchanging or registering the transfer of Bonds under the provisions of this resolution. Neither the City nor the Agent shall be required to make such exchange or registration of transfer of Bonds during the fifteen (15) days immediately preceding any March 2 or September 2. 15. Ownership of Bonds. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of or on account of the principal, and redemption premium, if any, of any such Bond, and the interest on any such Bond, shall be made only to or upon the order of the registered owner thereof or such owner's legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon to the extent of the sum or sums so paid. 16. Advances from Available Surplus Funds. The City shall be the purchaser of property upon which payment of an annual installment of principal and interest due upon any of said unpaid assessments is delinquent, in like manner in which it becomes or may become the purchaser of property so for the nonpayment of general taxes, and shall transfer from available surplus funds into the Redemption Fund for the Bonds, as an advance recoverable upon sale or redemption of the property, the amount of the delinquent unpaid assessment installment upon which said sale is made. The City shall also pay and transfer from available surplus funds into the Redemption Fund, as an advance recoverable upon sale or redemption of the property, the amount of an future delinquent unpaid assessment installments on such property pending redemption. 17. Reserve Fund. Upon placement of the proceeds from the sale of said bonds in the Improvement Fund, the Treausrer shall forthwith transfer the sum of $441,000 from said fund into a special Reserve Fund, which shall be designated by the name and /or number of the improvement or assessment disrict. The money in said special fund shall be administrered by the City in accordance with and pursuant to the provisions of Part 16 of the Improvement Bond Act of 1915; provided, that proceeds from redemption or sale of the properties with respect to which payment of delinquent assessments and interest thereon was paid from the Reserve Fund, shall be credited to the Reserve Fund; and provided, further, that for the purposes of (1) assuring -10- that the bonds to be issued will not become arbitrage bonds as defined in the Internal Revenue Code of 1954, as amended (Title 26 of the United States Code) and regulations promulgated thereunder by the Department of Treasury, and (2) providing for reduction of the amount of money in the reserve fund during the term of the bonds pursuant to Section 8887 of the California Streets and Highways Code, all proceeds from investment of monies in the Reserve Fund shall be credited upon the assessments. In the event that the crediting of any portion of such proceeds upon assessments not theretofore paid in full in cash would result in monies in the Redemption Fund remaining therein for a period of more than twelve (12) months, then any portion of such proceeds which would otherwise remain in the Redemption Fund or a period of more than twelve (12) months shall be used to call bonds prior to their maturity date on the earliest call date next succeeding the deposit thereof in the Redemption Fund. 18. Investment of Funds. Monies in the Redemption Fund, the Reserve Fund and the Improvement Fund shall, whenever practicable, be invested in legal investments for the City under applicable law for the monies held pursuant to this resolution at the time when any of such monies are to be invested therein. Any income therefrom or interest thereon shall be deposited in the fund from which said monies were invested, except as otherwise provided in Section 17 hereof. 19. Additional Series of Bonds. Prior to the issuance of any additional series of bonds to be secured by the lien of assessment specified herein, the City agrees that Mills - Carneghi - Bautovich, Inc., or other appraiser mutually acceptable to the City and Stone & Youngberg, as managing underwriter (the "Underwriter ") will be directed by Underwriter to prepare a current appraisal of the property within the assessment district. The City further agrees that no further series of bonds will be issued if the total assessment indebtedness represented by assessment bonds then outstanding plus assessment bonds proposed to be sold exceeds forty percent (40 %) of the appraised value as determined by said appraisal on a parcel -by- parcel basis; provided, however, such assessment indebtedness may exceed forty percent (40 %) on parcels upon which development (including buildings or structures) has occured or which, in the opinion of Underwriter and the City, are otherwise considered, in light of existing circumstances, to adequately secure such assessment indebtedness. 20. Covenant to Foreclose. The City hereby covenants with and for the benefit of the owners of the Bonds that it will order, and cause to be commenced within 150 days following the date of delinquency, and thereafter diligently prosecuted, an action in the superior court to foreclose the lien of any assessment or installment hereof not paid when due, pursuant to and as provided in Sections 8830 through 8835, inclusive, of the Streets and Highways Code of the State of California. 21. Non - Arbitrage Covenant. The City hereby covenants with the owners of the Bonds that it will make no use of the proceeds of the Bonds at any time during the term thereof which, if such use had been reasonably expected on the date said Bonds were issued, would have caused said Bonds to be arbitrage Bonds within the meaning of Section 103(c) of the Code and the Treasury Regulations promulgated thereunder. 22. Certificate as to Non - Arbitrage. On the basis of the facts, estimates and circumstances now in existence and in existence on the date of issue of the Bonds, as determined by the Finance Director said Finance Director is authorized and directed to certify that it is not expected that the proceeds of said issue will be used in a manner that would cause such -12- obligations to be arbitrage Bonds. Such certification shall be delivered to the purchaser of the Bonds at the time of delivery of and payment for the Bonds. 23. No Federal Guarantee. The City shall take no action nor permit nor suffer any action to be taken if the result of the same would cause the Bonds to be a federally guaranteed obligation within the meaning of section 103(h) of the Code. For purposes of this resolution, the term "Code" means the Internal Revenue Code of 1954, as amended, or any internal revenue code which is enacted in lieu of the Internal Revenue Code of 1954. Any section reference in this resolution to the Code shall be deemed to be and shall refer to any section of similar import enacted in lieu or in amendment of such section or contained in any internal revenue code enacted in lieu of the Internal Revenue Code of 1954. 24. Amendment. Without the consent of the Bondowners, the City hereafter may amend this Resolution to add, modify or delete provisions if the same is necessary or desirable, in the opinion of Bond Counsel, to assure the exemption of interest on the Bonds from Federal income taxation. 25. Authority of Finance Director. All actions mandated by this resolution to be performed by the Finance Director may be performed by the designee of thereof or such other official of the City duly authorized by the City Council of the City to perform such action or actions in furtherance of the requirements hereof. 26. Certified Copies. The City Clerk shall furnish a certified copy of this resolution to the Finance Director, to the Agent and to the Auditor of the County of Alameda. * * * * * * * * * * * * * * * * * * * * * * * ** I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the City of Alameda in regular meeting assembled on the 1st day of July , 1986 , by the following vote to wit: AYES: Councilmembers Corica, Lucas, Monsef and President Diament - 4. NOES: None. ABSENT: Councllmember Hanna - 1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2nd day of July , 19 86. APPROVED AS TO FORM: City Attorney Liz" // rfir CityA lerk of the City of Alameda EXHIBIT A LIST OF UNPAID REASSESSMENTS $6,300,000 CITY OF ALAMEDA IMPROVEMENT BONDS MARINA VILLAGE ASSESSMENT DISTRICT NO. 84 -3 SERIES 86 -1 (ALAMEDA COUNTY, CALIFORNIA) Reassessment Assessor's Unpaid No. Parcel No. Amount ($) 1 -2 -1 074 - 1334 - 027 -00 308,332 1 -2 -2 074 - 1334 - 027 -00 1,267,102 1 -2 -3 074- 1334 - 027 -00 647,170 1 -2 -4 074- 1334 - 027 -00 806,239 1 -2 -5 074- 1334 - 027 -00 308,332 1 -2 -6 074 - 1334 - 027 -00 186,307 1 -2 -7 074 - 1334 - 027 -00 -0- 1-2-8 074 - 1334 - 027 -00 -0- 1-2-9 074 - 1341 - 006 -00 17,882 1 -2 -10 074 -1341- 006 -00 20,771 1 -2 -11 074 -1341- 006 -00 22,074 1 -2 -12 074 -1341- 006 -00 22,074 1 -2 -13 074 - 1341- 006 -00 17,882 1 -2 -14 074- 1341 - 006 -00 20,771 2 -1 074 - 1340 - 003 -00 -0- 3-1-1 074 - 1341 - 004 -00 17,867 3 -1 -2 074 -1341- 004 -00 20,960 3-1-3 074 - 1341 - 004 -00 22,310 3 -1 -4 074- 1341 - 004 -00 22,310 3-1-5 074 - 1341 - 004 -00 17,867 3 -1 -6 074 -1341- 004 -00 20,960 3 -1 -7 074 -1341- 007 -00 17,867 3 -1 -8 074 -1341- 007 -00 20,960 3 -1 -9 074 -1341- 007 -00 22,310 3 -1 -10 074 - 1341- 007 -00 22,310 EXHIBIT A A -1 Reassessment Assessor's Unpaid No. Parcel No. Amount ($) 3 -1 -11 074 - 1341 - 007 -00 17,867 3 -1 -12 074 - 1341 - 007 -00 20,960 3 -1 -13 074 -1341- 008 -00 17,867 3 -1 -14 074 - 1341 - 008 -00 20,960 3 -1 -15 074 - 1341 - 008 -00 17,882 3 -1 -16 074 - 1341 - 008 -00 20,771 3 -1 -17 074 - 1341 - 009 -00 17,867 3 -1 -18 074 -1341- 009 -00 20,960 3 -1 -19 074 - 1341 - 009 -00 22,074 3 -1 -20 074 - 1341 - 009 -00 22,074 3 -1 -21 074 - 1341 - 009 -00 17,867 3 -1 -22 074 - 1341 - 009 -00 20,960 3 -1 -23 074 - 1341 - 010 -00 17,867 3 -1 -24 074 - 1341 - 010 -00 20,960 3 -1 -25 074 - 1341 - 010 -00 22,310 3 -1 -26 074 - 1341 - 010 -00 22,310 3 -1 -27 074 -1341- 010 -00 17,867 3 -1 -28 074 - 1341 - 010 -00 20,960 3 -1 -29 074 -1341- 011 -00 17,867 3 -1 -30 074 -1341- 011 -00 20,960 3 -1 -31 074 -1341- 011 -00 26,250 3 -1 -32 074 - 1341 - 011 -00 26,250 3 -1 -33 074 - 1341 - 011 -00 17,867 3 -1 -34 074 -1341- 011 -00 20,960 3 -1 -35 074- 1341 - 012 -00 17,882 3 -1 -36 074 - 1341 - 012 -00 20,771 3 -1 -37 074 -1341- 012 -00 17,867 3 -1 -38 074 - 1341 - 012 -00 20,960 3-1-39 074 - 1341 - 013 -00 17,867 3 -1 -40 074-1341-013-00 20,960 3 -1 -41 074 -1341- 013 -00 17,867 3 -1 -42 074 - 1341 - 013 -00 20,960 4 -1 074- 1340 - 006 -00 4,887,931 EXHIBIT A A -2 Reassessment Assessor's Unpaid No. Parcel No. Amount ($) 4 -2 074 -1340- 007 -00 2,984,172 5 -1 074 - 0906 - 053 -00 2,417,626 5 -2 074- 0906 - 054 -00 1,165,778 5 -3 074 - 0906 - 055 -00 2,693,273 6 074 - 1340 - 001 -00 831,297 7 -1 -1 074 -1340- 004 -00 402,030 7 -1 -2 074 -1340- 005 -00 211,365 7 -1 -3 074 - 1340 - 010 -00 2,416,613 7 -1 -4 074 -1340- 011 -00 122,274 7 -1 -5 074 -1340- 012 -00 443,431 7 -1 -6 074 -1340- 013 -00 663,513 8 074 - 0960 - 050 -00 -0- 9-1 074 - 1340 - 008 -00 143,816 10 074 - 1340 - 009 -00 95,877 11 -1 074 - 1334 - 017 -00 1,256,207 11 -2 074 - 1334 - 018 -00 32,685 12 074 -1334- 002 -00 -0- 13-1 074- 1341 - 001 -00 17,882 13 -2 074 -1341- 001 -00 20,771 13 -3 074 - 1341 - 001 -00 26,250 13 -4 074- 1341 - 001 -00 26,250 13 -5 074 -1341- 001 -00 22,074 13 -6 074 - 1341 - 001 -00 22,074 13 -7 074 - 1341 - 001 -00 26,250 13 -8 074 - 1341 - 001 -00 26,250 13 -9 074 -1341- 001 -00 17,882 13 -10 074 - 1341 - 001 -00 20,771 13 -11 074 -1341- 002 -00 17,867 13 -12 074- 1341 - 002 -00 20,960 13 -13 074 -1341- 002 -00 22,310 13 -14 074 -1341- 002 -00 22,310 13 -15 074 -1341- 002 -00 17,867 13 -16 074 -1341- 002 -00 20,960 EXHIBIT A A -3 Reassessment Assessor's Unpaid No. Parcel No. Amount ($) 13 -17 074 - 1341 - 003 -00 17,867 13 -18 074 - 1341 - 003 -00 20,960 13 -19 074 - 1341 - 003 -00 22,310 13 -20 074 - 1341 - 003 -00 22,310 13 -21 074 - 1341 - 003 -00 17,867 13 -22 074 - 1341 - 003 -00 20,960 13 -23 074 - 1341 - 005 -00 17,882 13 -24 074 -1341- 005 -00 20,771 13 -25 074 - 1341 - 005 -00 26,250 13 -26 074 - 1341 - 005 -00 26,250 13 -27 074 - 1341- 005 -00 22,074 13-28 074 - 1341 - 005 -00 22,074 13 -29 074 - 1341 - 005 -00 17,867 13 -30 074 - 1341 - 005 -00 20,960 14 -1 -1 074 - 1334 - 011 -00 425,999 14 -2 -1 074 - 1334 - 025 -00 -0- 14-3-1 074 -1334- 008 -00 18,522 14 -3 -2 074 - 1334 - 009 -00 222,260 14 -3 -3 074 - 1334 - 010 -00 823,671 14 -3 -4 074 - 1334 - 012 -00 311,600 14 -3 -5 074 - 1334 - 015 -01 449,968 14 -3 -6 074 -1334- 016 -00 509,891 14 -3 -7 074 - 1334 - 019 -00 162,337 15 -2 -1 074 - 1334 - 014 -02 440,163 16 -1 -1 074 -1334- 006 -04 383,508 16 -1 -2 074 - 1334 - 006 -04 78,445 16-2-1 074 - 1334 - 026 -00 1,246,401 16 -2 -2 074 - 1334 - 026 -00 886,863 16 -2 -3 074 -1334- 027 -00 203,739 16 -2 -4 074 -1334- 027 -00 191,754 16 -2 -5 074 - 1334- 027 -00 -0- 16-3 074 - 1334 - 006 -06 2,439,417 16 -5 -1 074 -1334- 020 -02 435,805 EXHIBIT A A -4 Reassessment Assessor's Unpaid No. Parcel No. Amount ($) 16 -5 -2 074 - 1334 - 021 -01 3,235,850 16 -5 -3 074 -1334- 023 -00 611,216 16 -5 -4 074 - 1334- 024 -00 605,768 17 074 -1334- 007 -00 407,477 TOTAL 40,000,000 EXHIBIT A A -5 EXHIBIT B $6,300,000 CITY OF ALAMEDA IMPROVEMENT BONDS MARINA VILLAGE ASSESSMENT DISTRICT NO. 84 -3 SERIES 86 -1 (ALAMEDA COUNTY, CALIFORNIA) Maturity Date Principal Interest (September 2) Amount Rate 1987 $ 5,000.00 5.50% 1988 5,000.00 6.00% 1989 5,000.00 6.50% 1990 5,000.00 6.75% 1991 5,000.00 7.00% 1992 235,000.00 7.00% 1993 250,000.00 7.25% 1994 270,000.00 7.50% 1995 290,000.00 7.75% 1996 315,000.00 7.90% 1997 340,000.00 8.00% 1998 365,000.00 8.00% 1999 395,000.00 8.00% 2000 425,000.00 8.10% 2001 460,000.00 8.10% 2002 500,000.00 8.125% 2003 540,000.00 8.20% 2004 580,000.00 8.20% 2005 630,000.00 8.20% 2006 680,000.00 8.20% The net interest cost of the bonds based on the above maturity schedule and a discount of 2.75% is 8.260 %. The average interest rate is 8.071 %. EXHIBIT B NUMBER INTEREST RATE DATE REGISTERED OWNER: PRINCIPAL AMOUNT: EXHIBIT C UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF ALAMEDA SERIES 86 -2 IMPROVEMENT BOND CITY OF ALAMEDA MARINA VILLAGE ASSESSMENT DISTRICT 84 -3 MATURITY DATE BOND CUSIP DOLLARS Under and by virtue of the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code (the "Act "), the City of Alameda, California (the "City "), will, out of the redemption fund for the payment of the Bonds issued upon the unpaid portion of assessments made for the acquisition, work and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. 10421 adopted by the City Council of the City on the 21st day of August, 1984, as changed and modified, pay to the Registered Owner named above or registered assigns on the maturity date stated above, in lawful money of the United States and in like manner pay interest at the rate per annum stated above, payable semiannually on March 2 and September 2 in each year commencing March 2, 1987. This Bond bears interest from the interest payment date next preceding its date of authentication and registration unless it is authenticated and registered (i) prior to an interest payment date and after the close of business of the fifteenth day preceding such interest payment date, in which event it shall bear interest from such interest payment from its date, or (ii) prior to the close of business on the fifteenth day of the month preceding March 2, 1987, in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged. Both the principal hereof and redemption premium hereon are payable upon presentation and surrender hereof at the corporate agency division of Bank of America National Trust and Savings Association as Transfer Agent, Registrar and Paying Agent (the "Agent ") in EXHIBIT C C -1 San Francisco, California, and the interest hereon is payable by check or draft mailed to the owner hereof at such owner's address as it appears on the registration books of the Agent, or at such address as may have been filed with the Agent for that purpose, as of the fifteenth day immediately preceding each interest payment date. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE SIDE HEREOF WHICH SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. This Bond will continue to bear interest after maturity at the rate above stated provided that it is presented at maturity and payment hereof is refused upon the sole ground that there are not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity interest hereon will run only until maturity. This Bond shall not be entitled to any benefit under the Act or the Resolution of Issuance or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the Agent. IN WITNESS WHEREOF, the City of Alameda has caused this Bond to be signed in facsimile by the Finance Director of said City and by its City Clerk and has caused its corporate seal to be reproduced in facsimile hereon, all as of July 14, 1986. [SEAL] CITY OF ALAMEDA City Clerk Finance Director EXHIBIT C C -2 CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Bonds described in the within mentioned Resolution of Issuance, which has been registered on By Authorized Officer EXHIBIT C C -3 IMPROVEMENT BOND CITY OF ALAMEDA MARINA VILLAGE ASSESSMENT DISTRICT 84 -3 SERIES 86 -2 This Bond is one of several annual series of Bonds of like date, tenor and effect, but differing in amounts, maturities and interest rates, issued by said City under the Act and Resolution No. , "A Resolution Providing for the Issuance of Bonds (Change and Modification of 1986)" adopted by the City Council of the City on July 1, 1986 (the "Resolution of Issuance "), in the aggregate principal amount of Six Million Three Hundred Thousand Dollars ($6,300,000) for the purpose of providing means for paying for the improvements and acquisitions described in said proceedings. This Bond is secured by the moneys in said redemption fund and by the unpaid portion of said assessments made for the payment of said improvements and acquisitions, and including principal and interest, and is payable exclusively out of said fund. This Bond is transferable by the registered owner hereof, in person or by the owner's attorney duly authorized in writing, at said office of the Agent, subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon surrender and cancellation of this Bond. Upon such transfer, a new registered Bond or Bonds, of any authorized denomination or denominations, of the same maturity, and for the same aggregate principal amount, will be issued to the transferee in exchange herefor. Bonds shall be registered only in the name of an individual (including joint owners), a corporation, a partnership or a trust. Neither the City nor the Agent shall be required to make such exchange or registration of transfer of Bonds during the fifteen (15) days immediately preceding any March 2 or September 2. The City and the Agent may treat the owner hereof as the absolute owner for all purposes, and the City and the Agent shall not be affected by any notice to the contrary. This Bond, or any portion of it in the amount of five thousand dollars ($5,000.00) or any integral multiple thereof, may be redeemed and paid in advance of maturity upon the 2nd day of March or September in any year by giving at least 60 days' notice by registered mail to the registered owner hereof at such owner's address as it appears on the registration books of the Agent and by paying principal and accrued interest together with a premium equal to 3 percentum of the principal. EXHIBIT C C -4 LEGAL OPINION I hereby certify that the following is a correct copy of the signed legal opinion of Jones Hall Hill & White, A Professional Law Corporation, San Francisco, California, addressed to the City of Alameda and on file in my office, dated the date of delivery of and payment for the Bonds therein described. City Clerk OPINION: $6,300,000 Improvement Bonds, City of Alameda, Marina Village Assessment District 84 -3, Series 86 -2 We have acted as bond counsel in connection with the issuance by the City of Alameda (the "Issuer ") of $6,300,000 Improvement Bonds, Marina Village Assessment District 84 -3, dated July 14, 1986 (the "Bonds ") pursuant to Division 10 of the California Streets and Highways Code (the "Act ") and Resolution No. (the "Resolution ") of the Issuer adopted July 1, 1986. We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon representations of the Issuer contained in the Resolution and in the certified proceedings and other certifications of public officials furnished to us, without undertaking to verify such facts by independent investigation. Based upon our examination, we are of the opinion, as of the date hereof, that: 1. The Issuer is a municipal corporation and chartered city duly organized and validly existing under the Constitution and the laws of the State of California. 2. The Bonds constitute valid and binding special obligations of the Issuer enforceable in accordance with their terms. 3. The Bonds are secured by the unpaid portion of special assessments levied upon the lands benefited by the improvements to be acquired and /or constructed with the proceeds of the Bonds and by the moneys in the redemption fund established pursuant to the Resolution. Principal of and interest on the Bonds are payable exclusively out of said fund. Installments of principal and interest of the assessments levied for the payments of the Bonds are collected on the tax roll on which general taxes on real property are collected. 4. Under existing laws, regulations, rulings and judicial decisions, interest on the Bonds is exempt from income taxation by the United States of America and from personal income taxation by the State of California. The rights of the owners of the Bonds and the enforceability thereof may be subject to bankruptcy, insolvency, moratorium and other similar laws EXHIBIT C C -5 affecting creditors' rights heretofore or hereafter enacted and their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of equity. Respectfully submitted, A Professional Law Corporation EXHIBIT C C -6 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JF TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the above list. EXHIBIT C C -7 ASSIGNMENT For value received the undersigned do(es) hereby sell, assign and transfer unto the ithin- mentioned Bond and hereby irrevocably constitute(s) and appoint(s) attorney, to transfer the same on the books of the as Transfer Agent, Registrar and Paying Agent with full power of substitution on the premises. Dated: Signature Guaranteed: NOTICE: The signature to this Assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. EXHIBIT C C-8