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HomeMy WebLinkAboutResolution - 95-206 - Municipal Industrial Development Bonds for Challenge Printing (Robert Lothenbach Project) - 12/05/1995 RESOLUTION NO 95 -20 6 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $1,450, 000 VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1995 (ROBERT LOTHENBACH PROJECT) TO FINANCE A PROJECT BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "Issuer") , as follows: 1. The Issuer has received a proposal from the Robert Lothenbach (the "Company") that the Issuer undertake to finance a certain Project as herein described, and pursuant to Minnesota Statutes, Sections 469 .152 through 469 .1651 (the "Act") , through issuance by the Issuer of its $1,450, 000 Variable Rate Demand Industrial Development Revenue Bonds, Series 1995 (Robert Lothenbach Project) (the "Bonds") . 2 . It is proposed that, pursuant to a Loan Agreement dated as of December 1, 1995, between the Issuer and the Company (the "Loan Agreement") , the Issuer loan the proceeds of the Bonds to the Company to finance the acquisition and construction of an approximately 48, 160 sq. ft. addition to the existing manufacturing facility located at 7500 Golden Triangle Drive, Eden Prairie, Minnesota (the "Project") which is leased by the Company to Challenge Printing, Inc. The basic payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the Issuer assign its rights to the basic payments and certain other rights under the Loan Agreement to First Trust National Association, in St. Paul, Minnesota (the "Trustee") as security for payment of the Bonds under an Indenture of Trust dated as of December 1, 1995 (the 11 Indenture") . Payment of the Bonds is initially secured by an irrevocable Letter of Credit to be issued by Norwest Bank Minnesota, National Association in favor of the Trustee in an amount equal to the principal amount of the Bonds plus a certain amount of interest thereon. The Bonds are intended tb be privately placed with accredited investors by Norwest Bank Minnesota, National Association (the "Placement Agent") in accordance with a Bond Placement Agreement dated as of closing among the Issuer, the Company and the Placement Agent (the "Placement Agreement") and pursuant to a Private Placement Memorandum dated as of the date of closing (the "Memorandum") . 3 . Pursuant to the preliminary approval of the Issuer, forms of the following documents have been submitted to the Issuer for approval: 736772.2 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 designee of the City Manager, .respectively. Adopted: December 5, 199 Mayor Attest �Clerk (SEAL) r 736772.2 4