HomeMy WebLinkAboutAgr 2005-04-27 (Bank of New York)
THE BANK OF NEW YORK
TRUST COMPANY, N.A.
$4,000,000
Town of Tiburon
Lyford Cove Utility Undergrounding Assessment District
Paying Agent and Registrar Fee Schedule
January 26, 2005
Upon appointment of BNY as Paying Agent and Registrar, the Town ofTiburon shall be
responsible for the payment of the fees, expenses and charges as set forth in this Fee
Schedule.
ACCEPTANCE FEE $250
This one time charge of $250 is payable at the time of the closing and includes the review
and execution of the Indenture and all documents submitted in support thereof,
acceptance of the trust, establishment of procedures and controls and set-up of trust
accounts.
ANNUAL ADMINISTRATIVE FEE $1,250
An annual fee of $1,250 covering the duties and responsibilities related to account
administration and bondholder services, which may include maintenance of accounts on
various systems, collection and payment of principal and interest to bondholders, the
preparation and distribution of any sinking fund redemption notices and the monitoring of
issuer compliance. This fee is payable in advance for the year and shall not be prorated.
INVESTMENT COMPENSATION
With respect to investments in money market mutual funds (other than the Hamilton
Funds), the investment maintenance fee will be calculated at an annual rate of 37 basis
points on average total monthly account balances. With respect to investments in money
market mutual funds for which BNYWTC provides shareholder services BNYWTC (or
its affiliates) may also receive and retain additional fees from the mutual funds (or their
affiliates) for shareholder services as set forth in the Authorization and Direction to
BNYWTC to Invest Cash Balances in Money Market Mutual Funds.
OTHER SERVICES/ACTIVITY CHARGES
Terminations: Reasonable compensation based upon services performed
MISCELLANEOUS FEES
The fees for performing extraordinary or other services not contemplated at the tin1e of
the execution of the transaction or not specifically covered elsewhere in this schedule will
THE BANK OF NEW YORK
TRUST COMPANY, N .A.
be commensurate with the service to be provided and will be charged in BNY's sole
discretion. These extraordinary services may include, but are not limited to, supplemental
agreements, consent operations, unusual releases, tenders or sinking fund redemptions,
the preparation of special or interim reports, custody of collateral, a one-time fee to be
charged upon termination of an engagement. Counsel, accountants, special agents and
others will be charged at the actual amount of fees and expenses billed.
OUT-OF-POCKET EXPENSES At Cost
Additional out-of-pocket expenses may include, but are not limited to, telephone;
facsimile; courier; copying; postage; supplies; statutory filing charges, including DCC
amendments, continuations, and termination fees; and expenses of BNY's
representative( s) and Counsel for attending special meetings. Fees and expenses of
BNY's representatives and Counsel will be charged at the actual amount of fees and
expenses charged and all other expenses will be charged at cost.
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THE BANK OF NEW YORK
TRUST COMPANY, N .A.
TERMS AND DISCLOSURES
TERMS OF PROPOSAL
Final acceptance of the appointment as trustee under the Indenture is subject to approval
of authorized officers of BNY and full review and execution of all documentation related
hereto. Please note that if this transaction does not close, you will be responsible for
paying any expenses incurred, including Counsel fees. We reserve the right to terminate
this offer if we do not enter into fmal written documents within three months from the
date this document is first transmitted to you. Fees may be subject to adjustment during
the life of the engagement.
MISCELLANEOUS
The terms of this Fee Schedule shall govern the matters set forth herein and shall not be
superseded or modified by the terms of the Indenture. This Fee Schedule shall be
governed by the laws of the State of California without reference to laws governing
conflicts. BNY and the undersigned agree to jurisdiction of the federal and state courts
located in the City/County of San Francisco, State of California.
CUSTOMER NOTICE REQUIRED BY THE USA PATRIOT ACT
To help the US government fight the funding of terrorism and money laundering activities,
US Federal law requires all financial institutions to obtain, verify, and record information
that identifies each person (whether an individual or organization) for which a relationship
is established.
What this means to you: When you establish a relationship with BNY, we will ask you
to provide certain information (and documents) that will help us to identify you. We will
ask for your organization's name, physical address, tax identification or other government
registration number and other information that will help us to identify you. We may also
ask for a Certificate of Incorporation or similar document or other pertinent identifying
documentation for your type of organization.
We thank you for your assistance.
Accepted By:
For BNYTC:
Signature
Date:
t.
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April 22, 2005
Name:
Jose Matamoros
Vice President
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