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86-7165R41 RESOLUTION N0. 7165 RESOLUTION RELATING TO $900,000 COMMERCIAL DEVELOPMENT REVENUE .BONDS (CORPORATE TRAVEL BUILDING PROJECT); REQUESTING THE TRUSTEE TO ENTER INTO A SUPPLEMENTAL INDENTURE OF TRUST BE IT RESOLVED by the City Council of the City of Richfield, Minnesota (the City), as follows: • Section 1. The City:has previously issued its $900,000 Commercial Development Revenue Bonds (Corporate Travel Building Project), Series $, dated as of December 1, 1982 (the Bonds). In connection therewith, Dacotah Properties Partnership (the Partnership) entered into a Loan Agreement with the City dated as of December 1, 1982. Section 2. The Partnership now desires that the Indenture of Trust, dated~as of December 1, 1982 (the Indenture), between the City and First Trust Company, Inc. (the. Trustee) entered into in connection with the Bonds be amended by the execution and delivery of a first supplemental indenture to be entered into between the City and the Trustee for the purpose of substituting for the irrevocable letter of credit given by The First National Bank of St. Paul in favor of the Trustee, an irrevocable letter of credit of Marquette Bank Minneapolis, N.A. in the same amount and with the same terms. Section 3. Pursuant to Section 10-2 of the Indenture, the City must request the Trustee to enter into a supplemental indenture which requires the consent of the holders of the Bonds and to give notice to the holders of the Bonds of such proposed supplemental indenture. Representati+~es of the Partnership have requested that the City make such request with respect to the proposed first supplemental indenture and have agreed to indemnify the Trustee with respect to expenses. The City hereby authorizes the Mayor and the City Manager to make such request by executing the form of request attached hereto as Exhibit A. Section 4. The Council hereby authorizes that a draft of a first supplemental indenture be prepared and be placed on file with the Trustee and with the City Clerk. This resolution shall become effective immediately upon its passage and without publication. Passed this 12th day of May , 1986. Ivan Lud an Mavor Pro Tem Attest: ~d~ Thomas P. Ferber City Clerk EXHIBIT A REQUEST TO TRUSTEE . Pursuant to Section 10-2 of the Indenture of Trust, • dated as of December 1, 1982, between the City of Richfield, Minnesota .(the City) and First Trust Company, Inc. (the Trustee), the City hereby requests the Trustee to enter into a supplemental .indenture, the form of which is to be prepared and furnished to the Trustee, for the purpose of substituting for the irrevocable letter of credit given by The First National Bank of St. Paul in favor of the Trustee, an irrevocable letter of credit given by Marquette Bank Minneapolis, N.A. in the same amount and with the same terms. The City also requests the Trustee, upon being satisfactorily indemnified by Dacotah Properties Partnership with respect to expenses, to cause a notice, in the form attached hereto as Appendix A, to be mailed by first. class mail to all holders of the City's 5900,000 Commercial Development Revenue Bonds (Corporate Travel Building Project), Series e, dated as of December 1, 1982. Dated this 12th day of • May , 1986. CITY OF RICHFIELD, MINNESOTA Acting City Manager