55B - RESO - WARNER ASSESSMENT DISTRICT

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FISCAL AGENT AGREEMENT THIS FISCAL AGENT AGREEMENT (the "Agreement') is dated and entered into as of July 1, 2016, by and between the City of Santa Ana, California (the "City "), and U.S. Bank National Association, a national barking association duly organized and existing tinder the laws of the United States of America, as fiscal agent (the "Fiscal Agent'). WITNESSETH: WHEREAS, the City Council of the City (the "City Council ") has formed Assessment District No. 2015.01 (Warner Industrial Comrnunity), City of Santa Ana, County of Orange, State of California (the "Assessment District "), and has levied an assessment on the property in the Assessment District pursuant to the provisions of the Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the California Streets and Highways Code, and provided for the issuance of bonds for the Assessment District pursuant to the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the California Streets and Highways Code, to be secured by such assessment, to finance the design and construction of public improvements for the benefit of the property within the Assessment District; and WHEREAS, pursuant to the Municipal Bond Act of 1915, the City Council adopted its Resolution No. which resolution, among other matters, authorized the issuance of Limited Obligation Improvement Bonds (the `Bonds "), in an aggregate principal amount of not to exceed $ , the unpaid amount of the assessment levied on parcels of property within the Assessment District, and provided that such issuance would be in accordance with the Improvement Bond Act of 1915 and this Agreement, and authorized the execution hereof; and WHEREAS, it is in the public interest and for the benefit of the owners of the property within the .Assessment District and the owners of the Bonds that the City enter into this Agreement to provide for the issuance of the Bonds, the disbursement of proceeds of the Bonds, and the administration and payment of the Bonds; and WHEREAS, the Bonds will be secured by and paid from the assessments levied on the parcels of property within the Assessment District and the annual installments of such assessments collected with respect to such parcels; and WHEREAS, all things necessary to cause the Bonds, when executed by the City and authenticated by the Fiscal Agent and issued as in the Improvement Bond Act of 1915, the Resolution (as hereinafter defined) and this Agreement provided, to be legal, valid and binding special obligations of the City in accordance with their terms, and all things necessary to cause the authorization, execution and delivery of this Agreement and the authorization, execution, authentication and delivery of the Bonds, subject to the terms hereof, have in all respects been duly authorized; NOW, THEREFORE, in consideration of the covenants and provisions herein set forth and for other valuable consideration, the receipt and sufficiency of which is hereby aclmowledged, the parties hereto do hereby agree as follows: -I- 55B-21