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<br />A ward <br /> <br />The Bonds will be awarded on the basis of the lowest interest rate to be determined on a <br />true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in <br />accordance with customary practice, will be controlling. <br /> <br />The City will reserve the right to: (i) waive non-substantive informalities of any proposal <br />or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals <br />without cause, and, (iii) reject any proposal which the City determines to have failed to comply <br />with the terms herein. <br /> <br />Delivery <br /> <br />Within 40 days after sale, the City will furnish and deliver to the office of the purchaser <br />or, at its option, will deposit with a bank in the United States selected by it and approved by the <br />City as its agent to permit examination by and to deliver to the purchaser, the printed and <br />executed bonds, lhe unqualified opinion thereon of bond counsel, and a certificate stating that no <br />litigation in any manner questioning their validity is then threatened or pending. The charge of <br />the delivery agent must be paid by the purchaser but all other costs will be paid by the City. The <br />purchase price must be paid upon delivery of the bonds in funds available for expenditure by the <br />City on the day of payment. <br /> <br />Legal Opinion <br /> <br />An unqualified legal oplllion on the bonds will be furnished by Kennedy & Graven, <br />Chartered, Minneapolis, Minnesota. The legal opinion will be printed on the bonds at the request <br />of lhe purchaser. The legal opinion will SlaIe lhal the bonds are valid and binding general <br />obligations of the City payable primarily from special assessments against benefited properties <br />and that the City is required by law to levy taxes for the principal and interest thereon as the <br />same become due without limit as to rate or amount. <br /> <br />Bond Insurance at Purchaser's Option <br /> <br />If the Bonds qualifY for issuance of any policy of municipal bond insurance or <br />commitment therefor at the option of the bidder, the purchase of any such insurance policy or the <br />issuance of any such commitment will be at the sole option and expense of the purchaser of the <br />Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance <br />will be paid by the purchaser, except that, if the City has requested and received a rating on the <br />Bonds from a rating agency, the City will pay the rating fee. Any other rating agency fees will <br />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 will not constitute cause for failure or refusal by the purchaser to accept delivery on <br />the Bonds. <br /> <br />Official Statement <br />