HomeMy WebLinkAboutCertificate of Fiscal Agent, pursuant to Section 3(d)(15) of the Purchase Agreement
Quint &ThimmigLLP 4/19/06 $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 2006 SPECIAL TAX BONDS CERTIFICATE OF FISCAL AGENT
The undersigned hereby states and certifies: (i) that he is an authorized officer of U.S. Bank National Association, as fiscal agent (the "Fiscal Agent") under that certain Fiscal Agent
Agreement, dated as of March 1, 2006 (the "Fiscal Agent Agreement"), by and between the Temecula Public Financing Authority (the "Authority") and the Fiscal Agent, and as such, is familiar
with the facts herein certified and is authorized to certify the same on behalf of the Fiscal Agent; (ii) that the Fiscal Agent is a national banking association, and is organized and
existing under and by virtue of the laws of the United States of America, and has the full power and authority to accept and perform its duties under the Fiscal Agent Agreement, and
the Continuing Disclosure Agreements; (iii) that subject to the provisions of the Fiscal Agent Agreement, the Fiscal Agent will apply the proceeds from the sale of the Bonds for the
purposes specified in the Fiscal Agent Agreement; (iv) that the Bonds have been duly and validly authenticated on behalf of the Fiscal Agent;(v) that to the best knowledge of the Fiscal
Agent, no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the Fiscal Agent that has not been obtained is or will
be required for the authentication of the Bonds or the consummation by the Fiscal Agent of the other transactions contemplated to be performed by the Fiscal Agent in connection with
the authentication of the Bonds and the acceptance and performance of the obligations created by the Fiscal Agent Agreement; (vi) that there is no action, suit, proceeding, inquiry or
investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best of its knowledge, threatened in any way affecting the existence
of the Fiscal Agent, or seeking to restrain or to enjoin the execution and delivery of the Fiscal Agent Agreement, or the Continuing Disclosure Agreements, or the authentication of the
Bonds, by the Fiscal Agent, or in any way contesting or affecting the validity or enforceability, as against the Fiscal Agent, of the Fiscal Agent Agreement, or the Continuing Disclosure
Agreements or any action of the Fiscal Agent contemplated by any of said documents, or in which an adverse outcome would materially and adversely affect the ability of the Fiscal Agent
to perform its obligations under the Fiscal Agent Agreement, or the Continuing Disclosure Agreements; (vii) that to the best knowledge of the Fiscal Agent, the Fiscal Agent is not in
breach of or in default under any applicable law or administrative rule or regulation of the State or the United States of America, or of any department, division, agency or instrumentality
of either thereof, or under any applicable court or administrative decree or order, or under any loan
agreement, note, resolution, indenture, fiscal agent agreement, contract, agreement or other instrument to which the Fiscal Agent is a party or is otherwise subject or bound, a consequence
of which could be to materially and adversely affect the ability of the Fiscal Agent to perform its obligations under the Fiscal Agent Agreement or the Continuing Disclosure Agreements;
and (viii) that to the best knowledge of the Fiscal Agent, the authentication of the Bonds, and the execution and delivery of the Fiscal Agent Agreement and the Continuing Disclosure
Agreements by the Fiscal Agent, and compliance with the provisions of each such agreement, will not conflict with or constitute a breach of or default under any applicable law or administrative
rule or regulation of the State or the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative
decree or order, or under any loan agreement, note, ordinance, resolution, indenture, fiscal agent agreement, contract, agreement or other instrument to which the Fiscal Agent is a party
or is otherwise subject or bound, a consequence of which could be to materially and adversely affect the ability of the Fiscal Agent to perform its obligations under the Fiscal Agent
Agreement or the Continuing Disclosure Agreements. Capitalized terms used herein have the meaning given to them in the Bond Purchase Agreement, dated April 13, 2006 by and between the
Authority and Stone & Youngberg LLC, as underwriter, relating to the Bonds. Dated: April 27, 2006 U.S. BANK NATIONAL ASSOCIATION, as Fiscal Agent By ; ~Authorized Officer -2-