Res 2001-42 RESOLUTION NO. 42 -2001
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF$2,575,000 CITY OF
FRIDLEY,MINNESOTA VARIABLE RATE DEMAND REVENUE REFUNDING
BONDS, SERIES 2001 (FRIDLEY BUSINESS PLAZA LIMITED PARTNERSHIP
PROJECT)
BE IT RESOLVED by the City Council of the City of Fridley, Minnesota (the "Issuer"), as
follows:
1. The Issuer has previously issued its $2,800,000 Commercial Development Revenue
Bonds (Fridley Business Plaza Limited Partnership Project) (as reissued from time to time, the
"Prior Bonds")pursuant to an Indenture of Trust dated as of September 1, 1986, by and between
the Issuer and U.S. Bank Trust National Association (as successor trustee to Norwest Bank
Minnesota, National Association) (the "Prior Trustee") as amended and restated as of December
1, 1986, and as further amended from time to time (the "Prior Indenture"), and loaned the
proceeds thereof to Fridley Business Plaza Limited Partnership(the "Borrower") to finance the
acquisition and construction of an approximately 58,000 square foot commercial and industrial
rental facility located within the corporate boundaries of the Issuer(the"Project").
2. Pursuant to Section 469.155, Subd. 12 of the Municipal Industrial Development Act,
Chapter 474 of Minnesota Statutes 1986, recodified as Minnesota Statutes, Sections 469.152
through 469.1651, as amended (the "Act"), the Issuer has been requested by the Borrower to
issue refunding bonds to refund the outstanding principal amount of the Prior Bonds, and to
pledge revenues as provided in the Trust Indenture dated as of August 1, 2001 (the "Indenture"),
by and between the Issuer and U.S. Bank Trust National Association as trustee(the"Trustee").
3. Pursuant to the Indenture, the Issuer has been requested to issue its Variable Rate
Demand Revenue Refunding Bonds, Series 2001 (Fridley Business Plaza Limited Partnership)
(the "Bonds") in an amount not exceeding $2,575,000 to provide funds to refund the outstanding
principal amount of the Prior Bonds.
4. A Bond Purchase Agreement (the "Bond Purchase Agreement") in substantially the form
on file with the Issuer would be executed by Dougherty& Company LLC as the Underwriter, the
Borrower, the purchaser of the Bonds, and the Issuer, providing for the sale of the Bonds by the
Issuer to the purchaser of the Bonds at a price of not less than the principal amount of the Bonds
plus accrued interest, subject to the conditions therein set forth.
5. Subject to the conditions stated herein, the Bonds may be issued in the maximum
aggregate principal amount of$2,575,000,maturing and subject to redemption as provided in the
Indenture (described below), to bear interest initially at a variable rate under the circumstances
described in the Indenture, in any event not to exceed 12.00% per annum during the Variable
Rate Period and convertible to a Fixed Rate as provided in the Indenture, interest being payable
on dates as provided in the Indenture.
Resolution No. 42 -2001 Page 2
6. Forms of the following documents relating to the Bonds and the Prior Bonds have been
provided to the Issuer:
a. Loan Agreement between the Issuer and the Borrower, to be dated as of August 1,
2001.
b. Trust Indenture between the Issuer and the Trustee, to be dated as of August 1, 2001.
c. The Bond Purchase Agreement.
d. A Fourth Supplemental Indenture of Trust, supplementing the Prior Indenture.
The Mayor and the City Manager are authorized in their discretion, at such time, if any, as they
may deem appropriate, to execute the above documents.
7. The Bonds (if issued) shall be in substantially the form set forth in the Indenture.
8. The appointment of U.S. Bank Trust National Association, as Trustee and Tender Agent
under the Indenture is hereby approved,ratified and confirmed.
9. The proceeds of the Bonds shall be deposited as provided in the Indenture.
10. The Loan Agreement, the Indenture, the Fourth Supplemental Indenture, the Bonds and
the Bond Purchase Agreement, and such other documents as may be requested of the City to
execute in connection with the issuance of the Bonds shall be subject to the review and comment
of Briggs and Morgan,the City's special issuer's counsel for the Bonds.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
27th DAY OF AUGUST,2001.
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S OTT J`LUND -MAYOR
ATTEST:
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DE: • . A.SKI EN—C Y CLERK