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HomeMy WebLinkAboutCity Council Resolution 1991-145CITY OF PLYMOUTH, MINNESOTA RESOLUTION NO. 91-14S Authorizing the amendment of the City of Plymouth, Minnesota, Multifamily Housing Development Revenue Refunding Bond (Fox Forest Apartments Project), Series 1989, and the Loan Agreement related thereto. WHEREAS, on June 30, 1989, pursuant to its Resolution No. 89-282 (the "Prior Resolution"), the City of Plymouth (the "City") issued its $8,600,000 Multifamily Housing Development Revenue Refunding Bond (the "Prior Bond") and loaned the proceeds thereof to Cheyenne Land Company, a Minnesota general partnership (the "Owner") pursuant to the terms of the Loan Agreement, dated as of June 1, 1989, between the City and the Owner (the "Loan Agreement"); and WHEREAS, on August 20, 1990, pursuant to its Resolution No. 90-527 (the "Amendment Resolution") the City authorized certain amendments to the Prior Bond and the Loan Agreement; and WHEREAS, the Prior Bond was purchased and continues to be owned by American States Insurance Company (the "Holder"); and WHEREAS, the Owner and the Holder have requested certain further amendments to the Prior Bond and the Loan Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: Section 1. The City Council of the City hereby authorizes and directs the Mayor of the City (the "Mayor") and the City Manager of the City (the "City Manager") to execute and deliver to the Holder an amended Bond in exchange for the Prior Bond currently held by the Holder. The amended Bond shall be in substantially the form on file with the City Clerk (the "Clerk") on the date hereof, with such necessary and appropriate variations as the Mayor and City Manager, with the advice of the City Attorney, shall determine; provided that the execution thereof by the Mayor and City Manager shall be conclusive evidence of such determination. The Clerk is hereby instructed to destroy the Prior Bond upon receipt thereof from the Holder. Section 2. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Second Amendment to Loan Agreement in substantially the form on file with the Clerk on the date hereof, with such necessary and appropriate variations as the Mayor and City Manager, with the advice of the City Attorney, shall determine; provided that the execution thereof by the Mayor and City Manager shall be conclusive evidence of such determination. Section 3. Except as may be amended by this resolution, the provisions of the Prior Resolution and Amendment Resolution shall remain in full force and effect. Section 4. This resolution shall be in full force and effect from and after its passage. Passed and adopted by the City Council of the City of Plymouth, Minnesota, at a regular meeting held March 4, 1991.