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11-27-1991 Council Agenda
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11-27-1991 Council Agenda
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RESOLUTION APPROVING AND AUTHORIZING <br />EXECUTION OF AMENDED AND RESTATED COMMERCIAL <br />DEVELOPMENT REVENUE NOTE OF 1981 <br />(YORKTON INDUSTRIAL BUILDING B PROJECT) <br />AND FIRST AMENDMENT TO LOAN AGREEMENT <br />IN CONNECTION THEREWITH <br />WHEREAS, the City of Little Canada, Minnesota (the "City ") <br />has heretofore issued its $670,000 Commercial Development Revenue <br />Note of 1981 (Yorkton Industrial Building B Project), (the <br />"Note ") which provided funds to finance the construction of an <br />office /warehouse facility (the "Project ") by Curtis J. Cargill <br />(the "Borrower "); and <br />WHEREAS, the Note was purchased by The Midway National Bank <br />of St. Paul in St. Paul, Minnesota (the "Bank ") and currently <br />bears tax exempt interest at the rate of eleven and five - eighths <br />percent (11 5/8 %) per annum; and <br />WHEREAS, the Company and the Bank have agreed to amend the <br />Note to, among other things, reduce the interest rate, accelerate <br />the maturity schedule, and convert the Note to a taxable <br />obligation, all as set forth in the First Amendment to Commercial <br />Development Revenue Note of 1981 attached hereto as Exhibit A; <br />and <br />WHEREAS, in connection with the issuance of the Amended and <br />Restated Note it is also necessary to amend certain provisions of <br />the financing documents executed in connection with the issuance <br />of the Note, including, but not limited to, the Loan Agreement <br />dated October 14, 1981, executed by the City and the Company in <br />connection with the issuance of the Note. <br />NOW THEREFORE BE IT RESOLVED by the City Council of the City <br />of Little Canada, Minnesota, as follows: <br />1. Subject to the approval of the City Attorney, the forms <br />of the Amended and Restated Note and First Amendment to Loan <br />Agreement are hereby approved substantially in the forms <br />submitted, on the condition that all costs and expenses incurred <br />by the City in connection herewith are paid by the Borrower. The <br />Amended and Restated Note and First Amendment to Loan Agreement, <br />in substantially the forms submitted, are directed to be executed <br />in the name of and on behalf of the City by the Mayor and City <br />Clerk. <br />2. The approval hereby given to the amendments referred to <br />above includes approval of such additional details therein as may <br />be necessary and appropriate and such modifications thereof, <br />deletions therefrom and additions thereto as may be necessary and <br />appropriate and approved by the City Attorney prior to the <br />24987 <br />Page 54 <br />
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