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• <br />the Bonds has been made impossible by action of the City, or its agents, the purchaser <br />shall be liable to the City for any loss suffered by the City by reason of the purchaser's <br />non - compliance with said terms for payment. <br />CONTINUING DISCLOSURE <br />In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the <br />resolution awarding sale of the Bonds, to provide annual reports and notices of certain <br />events. A description of this undertaking is set forth in the Official Statement. The <br />purchaser's obligation to purchase the Bonds will be conditioned upon receiving <br />evidence of this undertaking at or prior to delivery of the Bonds. <br />OFFICIAL STATEMENT <br />The City has authorized the preparation of an Official Statement containing pertinent <br />information relative to the Bonds, and said Official Statement will serve as a nearly final <br />Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange <br />Commission. For copies of the Official Statement or for any additional information prior <br />to sale, any prospective purchaser is referred to the Financial Advisor to the City, <br />Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, <br />telephone (651) 223 -3000. <br />The Official Statement, when further supplemented by an addendum or addenda <br />specifying the maturity dates, principal amounts and interest rates of the Bonds, <br />together with any other information required by law, shall constitute a "Final Official <br />Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2- <br />12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a <br />proposal therefor, the City agrees that, no more than seven business days after the date <br />of such award, it shall provide without cost to the senior managing underwriter of the <br />syndicate to which the Bonds are awarded 150 copies of the Official Statement and the <br />addendum or addenda described above. The City designates the senior managing <br />underwriter of the syndicate to which the Bonds are awarded as its agent for purposes <br />of distributing copies of the Final Official Statement to each Participating Underwriter. <br />Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its <br />proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter <br />into a contractual relationship with all Participating Underwriters of the Bonds for <br />purposes of assuring the receipt by each such Participating Underwriter of the Final <br />Official Statement. <br />BY ORDER OF THE CITY COUNCIL <br />/s/ Julie Bartell <br />City Clerk <br />3. Springsted Incorporated is authorized and directed to negotiate the Bonds <br />in accordance with the foregoing Terms of Proposal, subject only to the condition that if <br />a petition requesting a vote on the issuance of the Bonds, signed by voters equal to five <br />percent of the votes cast in the last general election, is filed with the City Clerk on or <br />