21-09 Anticipation Notes $4,321,000 capital improvements

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Notes, after taking into account any applicable amendments to or official interpretations of the SEC Rule, as well as any change in circumstances, and until the City has received either (A) a written opinion of bond wunsel or other qualified independent special counsel selected by the City that the amendment or waiver would not materially impair the interests of Holders or beneficial owners of book-entry interests in the Notes, or (B) the written consent to the amendment or waiver by the Holders of at least a majority of the principal amount of the Notes then outstanding. Annual Information containing any revised operating data or fmancial information must explain, in narrative form, the reasons for any amendment or waiver and the impact of the change on the type of operating data or fmancial information being provided. (5) Enforcement. The Continuing Disclosure Agreement will be solely for the benefit of the Holders of, and beneficial owners of book-entry interests in, the Notes. The exclusive remedy for any breach of the Continuing Disclosure Agreement by the City will be limited, to the extent permitted by law, to a right of Holders and beneficial owners to institute and maintain proceedings authorized at law or in equity to obtain the specific performance by the City of its obligations under the Continuing Disclosure Agreement. Any individual Holder or beneficial owner may institute and maintain those proceedings to require the City to provide a filing if the filing is due and has not been made. Any proceedings to require the City to perform any other obligation under the Continuing Disclosure Agreement (including any proceedings that contest the sufficiency of any filing) may be instituted and maintained only (A) by a trustee appointed by the Holders and beneficial owners of not less than 25% in principal amount of the Notes then outstanding, or (B) by Holders and beneficial owners of not less than 10% in principal amount of the Notes then outstanding, in accordance with Section 133.25(B)(4)(b) or (C)(1), Revised Code, as applicable, or any comparable successor provisions. (6) Appropriation. The performance by the City of the Continuing Disclosure Agreement will be subject to the annual appropriation of any funds that may be necessary to perform it. (7) Term. The Continuing Disclosure Agreement will remain in effect only for the period that the Notes are outstanding in accordance with their terms and the City remains an obligated person with respect to the Notes within the meaning of the SEC Rule. The obligation of the City to provide the Annual Information, audited financial statements, and notices of the events described above will terminate if and when the City is no longer an obligated person with regard to the Notes. Section 9. Financine Costs. The City retains the professional services and authorizes the payment of the Financing Costs for the Notes, as provided in this Section 9. 7