HomeMy WebLinkAboutA31-04AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on April 29, 2004 by an d
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, an d
O'CONNOR SOUTHWEST SECURITIES, hereinafter referred to as Underwriter .
WITNESSETH:
WHEREAS,on March 9, 2004, City requested proposals for underwriter services to assist in financing th e
construction of Prado Road freeway interchange improvements per Specification No . 90471 ; an d
WHEREAS, pursuant to said request, Underwriter submitted a proposal that was accepted by City for sai d
services .
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafte r
contained, the parties hereto agree as follows :
1.
TERM . The term of this Agreement shall be from the date this Agreement is made and entered ,
as first written above, until acceptance or completion of said services .
2.
INCORPORATION BY REFERENCE .City Specification No . 90471 and Underwriter's
proposal dated April 5, 2004 are hereby incorporated in and made a part of this Agreement .
3.
CITY'S OBLIGATIONS .For providing services as specified in this Agreement, City will pa y
and Underwriter shall receive therefor compensation as set forth in their proposal .
4.UNDERWRITER'S OBLIGATIONS .For and in consideration of the payments and agreement s
hereinbefore mentioned to be made and performed by City, Underwriter agrees with City to do everything require d
by this Agreement and the said specifications .
5.
AMENDMENTS .Any amendment, modification or variation from the terms of this Agreemen t
shall be in writing and shall be effective only upon approval by the City Administrative Officer .
6.COMPLETE AGREEMENT .This written Agreement, including all writings specificall y
incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No oral
agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be o f
any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the partie s
hereto .
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7.
NOTICE .All written notices to the parties hereto shall be sent by United States mail, postag e
prepaid by registered or certified mail addressed as follows :
City Cler k
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 9340 1
O'Connor Southwest Securitie s
620 Newport Center Drive, Suite 30 0
Newport Beach, CA 9266 0
Attention : Katherine Koster, Senior Vice Presiden t
8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Underwriter do covenant that
each individual executing this agreement on behalf of each party is a person duly authorized and empowered t o
execute Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r
first above written .
ATTEST :
CITY OF SAN LUIS OBISP O
City
Underwriter
APPROVED AS TO FORM :UNDERWRITER /