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HomeMy WebLinkAbout1993-037 CCR1 Member Celia Scott resolution and moved its adoption: RESOLUTION NO. 93 -37 introduced the following RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL INDENTURE OF TRUST RELATING TO THE $3,360,000 FLOATING RATE DEMAND COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS (BROOKDALE OFFICE PARK PROJECT), SERIES 1984. AND RELATED DOCUMENTS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The City issued its $3,360,000 Commercial Development Revenue Bonds (Brookdale Office Park Project), Series 1984 dated as of December 1, 1984, (the "Bonds pursuant to an Indenture of Trust dated as of December 1, 1984, between the City and First Trust National Association, successor to First Trust Company of St. Paul (the "Trustee and lent the proceeds of the Bonds to Brookdale Office Park, a Minnesota general partnership (the "Company pursuant to a Loan Agreement dated as of December 1, 1984, between the Company and the City (the "Loan Agreement 2 The Company and the Holder of one hundred percent (100 of the outstanding principal amount of the Bonds (the "Bondholder have agreed to permit the Company to redeem $500,000 principal amount of the Bonds and to repay the first required Bond sinking fund redemption payments in a like amount. In order to consummate the transaction proposed by the Company and approved by the Bondholder, it is necessary to amend the Indenture pursuant to the proposed First Supplemental Indenture of Trust (the "Supplement between the City and the Trustee and consented to by the Company and the Bondholder, a form of which has been submitted to the City Attorney and City Manager for their review. 3. Briggs and Morgan, P.A. has indicated the terms of the Supplement will not affect the tax exempt status of the Bonds and a proposed form of opinion has been submitted to the City Attorney and City Manager. 4. The Mayor, City Manager, and any other necessary City officials are authorized to execute and deliver the Supplement and a new form of Bond in the forms approved by the City Attorney and are also authorized to execute and deliver any other related documents submitted to the City in accordance with the terms of this Resolution or the Supplement. 1 1 RESOLUTION NO. March 8, 1993 Date 93 -37 5. The execution of any instrument herein authorized by the appropriate officer or officers of the City shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or City Manager, any of the documents authorized by this Resolution or the Supplement to be executed may be executed by the Acting Mayor or Acting City Manager, respectively. ATTEST: rl Deputy Clerk Todd Paulson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.