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<br />~ <br /> <br />Member Gunderman moved that the following resolution be read and <br />adopted this 23rc1dayof Novpmhpr 1993. <br /> <br />RESOLUTION <br />of the <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION NO. 9 3 ~ 1 :) 2 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW <br />BRIGHTON\ MINNESOTA (THE "ISSUER") AUTHORIZING THE <br />REMARKETING OF THE ISSUER'S COMMERCIAL DEVELOPMENT <br />REVENUE BONDS (NEW BRIGHTON BUSINESS CENTER PROJECT), <br />SERIES B; APPROVING THE FORM OF AND AUTHORIZING THE <br />EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED <br />INDENTURE OF TRUST AND A FIRST AMENDMENT TO LOAN <br />AGREEMENT AND OTHER DOCUMENTS <br /> <br />WHEREAS, the Municipal Industrial Development Act, Minnesota Statutes, <br />Sections 469.152 to 469.165 (formerly codified as Minnesota Statutes, Chapter 474), <br />as amended (the "Act") authorizes a city of the State of Minnesota, including the <br />City of New Brighton (the "Issuer"), to issue its revenue bonds to finance revenue- <br />producing enterprises to accomplish the purposes of the Act; and <br /> <br />WHEREAS, pursuant to the Act and an Indenture of Trust dated as of <br />December 1, 1983 (the "Original Indenture") between the Issuer and National City <br />Bank of Minneapolis, as trustee, the Issuer has issued its Commercial Development <br />Revenue Bonds (New Brighton Business Center Project), Series B (the "Bonds") in <br />the aggregate principal amount of $2,925,000, the proceeds of which were loaned to <br />New Brighton Venture II, a Minnesota general partnership (the "Company") and <br />applied to finance the construction of an office/warehouse facility (the "Project") <br />located in the City of New Brighton; and <br /> <br />WHEREAS, the Company and the Issuer have entered into a Loan Agreement <br />dated as of December 1, 1983 (the "Loan Agreement"), pursuant to which the <br />Company is obligated to make loan repayments in amounts sufficient to pay when due <br />interest and principal and premium, if any, with respect to, and purchase price of, <br />the Bonds; and <br /> <br />WHEREAS, Phoenix Home Life Mutual Insurance Company, a New York <br />corporation, formerly known as Phoenix Mutual Life Insurance Company (the <br />"Guarantor") , has guaranteed timely payments of loan repayments and other amounts <br />payable by the Company pursuant to the Loan Agreement; and <br /> <br />WHEREAS, the Bonds are required by their terms to be tendered by the <br />Owners thereof on December 1, 1993 for remarketing; and <br /> <br />WHEREAS, the Company and the Guarantor have determined to remarket the <br />Bonds at a variable rate of interest and have requested the Issuer and the Trustee <br />to amend and restate the terms of the Bonds and the Original Indenture and to amend <br />the Loan Agreement, all to provide for such remarketing of the Bonds at such <br />variable rate; and <br /> <br />LKM61230 <br />NE136-113 <br /> <br />1 <br />