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HomeMy WebLinkAboutResolution - 90-155 - Amending IDR Bond Terms for Evergreen (Bryant Lake Partners) - 06/05/1990 RESOLUTION NO. 9 0 - 14'vr RESOLUTION AUTHORIZING AMENDMENT TO THE $4,850,000 COMMERCIAL DEVELOPMENT REVENUE BOND (BRYANT LAKE PARTNERS PROJECT) AND RELATED DOCUMENTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota as follows: 1. The City issued its $4,850,000 Commercial Development Revenue Bond (Bryant Lake Partners Project) (the "Bond") on October 30, 1985 and lent the proceeds of the Bond to Bryant Lake Partners, a Minnesota general partnership (the "Developer") pursuant to a Loan Agreement dated as of October 30, 1985 between the Developer and the City (the "Loan Agreement") . 2. Unum Life Insurance Company, formerly known as Unionmutual Stock Life Insurance Co. ("Unum") , purchased and is the present holder of the Note. 3. In connection with the issuance of the Note the City and Unum entered into a Pledge Agreement whereby the City pledged and assigned to Unum certain of the City's rights under the Loan Agreement including the right to repayment of amounts due under the Bond. • 4. The Developer has transferred the project financed from the proceeds of the Bond (the "Project") to Bryant Lake Associates -- Phase III, a California Limited Partnership (the "Partnership") . 5. Unum and the Partnership have agreed to certain financial accommodations with respect to the Project, the Bond and the documents related thereto. The City and the City Attorney have been provided with forms of an Amendment to Commercial Development Revenue Bond (Bryant Lake Partners Project) and an Amendment to Loan Agreement setting forth the terms of the agreement between Unum and the Partnership together with a form of opinion of Briggs and Morgan, P. A. , as Bond Counsel. 6. The Mayor, City Manager and any other necessary City officials are authorized to execute the Amendments in the form approved by the City Attorney and any related documents submitted to the City in accordance with the terms of this Resolution. 7. The execution of any instrument herein authorized by the appropriate officer or officers of the City shall be conclusive evidence of the approval of such documents in accordance with the 402287 terms hereof. In the absence of the Mayor or City Manager, any of the documents authorized by this Resolution to be executed may be • executed by the Acting Mayor or City Manager respectively. Adopted June 5, 1990. yor ATTEST: lerk • • 402287 2