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86-7249R23 RESOLUTION N0. 7249 RESOLUTION RELATING TO $900,000 COMMERCIAL DEVELOPMENT REVENUE BONDS (CORPORATE TRAVEL BUILDING PROJECT); APPROVING AND AUTHORIZING THE EXECUTION OF A FIRST SUPPLEMENTAL INDENTURE OF TRUST BE I7 RESOLVED by the City Council of the City of Richfield, Minnesota (the City), as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Chapter 474, as amended, and an Indenture of Trust, dated as of December 1, 1982 (the Indenture), between the City and First Trust Company, Inc., of St. Paul, Minnesota (the Trustee), the City issued its Commercial Development Revenue Bonds (Corporate Travel Building Project), Series B, in the aggregate principal amount of $900,000 (the Bonds), to finance the costs of a Project, consisting of the construction and furnishing of a 61,660 square foot commercial office facility on certain land within the City. The proceeds of the Bonds were loaned by the City to Dacotah Properties Partnership, a Minnesota general partnership (the Partnership), pursuant to a Loan Agreement, dated as of December 1, 1982, between the City and the Partnership. 1.02. Representatives of the Partnership have requested that the City agree to an amendment of the provisions of the Indenture to substitute for the irrevocable letter of credit issued by The First National Bank of St. Paul, an irrevocable letter of credit issued by Marquette Bank Minneapolis, N.A., in the same amount and with the same terms. Article Ten of the Indenture permits amendment of the Indenture upon certain terms and conditions. The City has requested the Trustee to enter into a supplemental indenture for this purpose and the Trustee has given notice of such amendment to the owners of all outstanding Bonds. The Trustee, a majority in aggregate principal amount of the owners of all outstanding Bonds and the Partnership have informed this Council that they consent to the proposed amendment of the Indenture. 1.03. A form of First Supplemental Indenture of Trust, dated as of May 1, 1986, proposed to be entered into between the City and the Trustee (the First Supplemental Indenture), has been submitted to this Council and is now on file in the office of the City Clerk. Section 2. Approval of First Supplemental Indenture. The form of First Supplemental Indenture referred to in Section 1.03 is hereby approved. The First Supplemental Indenture, with such variations, insertions and additions as the Mayor and the City Attorney may hereafter deem appropriate, is directed to be executed in the name and on behalf of the City by the Mayor and the City Manager or, in the event of their absence or disability, the acting respectively. Execution o appropriate officers of th~ approval thereof in accord This resolution shall) passage and without public Passed by the City Co% Minnesota this 27th day ofd, ATTEST: ~,/e layor or acting City Manager, the First Supplemental Indenture by City shall be conclusive evidence of ince with. the terms of this resolution. become effective immediately upon its ~tion. incil of the City of Richfield, October, 1986,E ~ ~ n hat~.xl~on yor