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HomeMy WebLinkAbout1984-060 CCRMember Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION N0. 84 -60 RESOLUTION APPROVING AMENDMENTS TO THE INDENTURE OF TRUST, THE MORTGAGE ORIGINATION AND SALE AGREEMENTS, THE RESALE COMMITMENT AGREEMENT, AND APPROVING THE EXTENSION OF BUILDER DEVELOPER COMMIT- MENT AGREEMENTS RELATING TO THE SINGLE MORTGAGE REVENUE BOND PROGRAM UNDERTAKEN JOINTLY BY THE CITY OF BROOKLYN CENTER, THE CITY OF COLUMBIA HEIGHTS, THE CITY OF MOORHEAD AND THE HOUSING AND REDEVEL- OPMENT AUTHORITY IN AND FOR THE CITY OF ROBBINSDALE, MINNESOTA WHEREAS, pursuant to its Single Family Mortgage Revenue Bond Program (the "Program °l, the City of Brooklyn Center, Minnesota (the "City authorized the issuance of Single Family Mortgage Revenue Bonds, Series 1982, issued jointly with the City of Moorhead, Minnesota, the City of Columbia Heights, Minnesota and The Housing and Redevelopment Authority in and for the City of Robbinsdale, Minnesota; and WHEREAS, there have been prepared certain amendments to the Inden- ture of Trust, dated as of December 29, 1982, and to the several Mortgage Origination and Sale Agreements, dated as of December 29, 1982, in order to more accurately and efficiently carry out the intent of the Program; and WHEREAS, there has been prepared an amendment to the Resale Commit- ment Agreement, dated as of December 29, 1982 and approved by the City, to permit the extension of such agreement to a date determined by the Origi- nator and approved by the City if the period for originating mortgage loans under the Program is extended pursuant to the Indenture of Trust; NOW) THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Amendment to Indenture of Trust, the several Amendments to Mortgage Origination and Sale Agreement, and the Amendment to Resale Agreement, which documents are hereby approved in the form now on file with the City Manager, with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form, and as the Mayor, in his discretion, shall determine. 2. The Mayor and City Manager are hereby authorized and directed to execute and deliver on behalf of the City such additional certificates and documents as are deemed necessary by bond counsel to effectuate the agreements contained in the aforementioned Amendments. 3. First Trust Company of Saint Paul (the "Trustee is hereby directed to enter into an investment agreement (the "Agreement in substan- tially the form of the Investment Agreement dated December 29, 1982 between the Trustee and The First National Bank of Saint Paul, with such changes as are approved by the Mayor, under which Agreement the Trustee may withdraw moneys at any time, upon not more than fourteen days notice, the effect of which Agreement is to permit the investment of amounts then remaining on deposit in the Mortgage Loan Fund from the date of expiration of the Investment Agreement dated December 29, 1982, at a rate of interest per annum equal to or greater than the average weighted interest rate on the Bonds, upon receipt of a favorable opinion of bond counsel as described in Section 5.05(E) of the Indenture. RESOLUTION NO. 84 -60 4. The extension of the Resale Agreement to August 1, 1984, is hereby approved, and the City Manager is directed to notify the Program Administrator of such approval if and when the origination period is extended pursuant to Section 5.05 of the Intenture of Trust. April 23, 19 4 D Mayor" ATTEST The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1