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HomeMy WebLinkAbout1099CITY OF KENT, WASHINGTON RESOLUTION NO. /t:· 99 A RESOLUTION of the City Council of the City of Kent, Washington, approving execution and delivery by the City of Kent Economic Development Corporation of a First Supplemental Indenture of Trust and Amendment No. l to the Loan Agreement in connection with its Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985 (Cascade Development Company Project). WHEREAS, the City of Kent Economic Development Corporation (the "Issuer") is a public corporation created by the City of Kent, Washington (the "City"), pursuant to Chapter 39.84 RCW, as amended (the "Act"); and WHEREAS, the Issuer is authorized pursuant to the Act to issue its nonrecourse revenue bonds for the purpose, among others, of financing the cost of acquiring, constructing, equip- ping and installing "industrial development facilities," as defined in the Act; and WHEREAS, on April 22, 1985, the Board of Directors of the Issuer adopted Resolution No. 1985-22 authorizing the financing of the acquisition, construction, equipping and installing of certain industrial development facilities and the issuance of $3,750,000 principal amount of the Issuer's nonrecourse revenue bonds designated as Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985 (Cascade Development Company Project) (the "Bonds") and the loan of the proceeds of the Bonds to Cascade Development Company (the "Company") pursuant to a Loan ~greement dated as of April 1, 1985 by and between the Issuer :!nd ~he Company (the "Loan Agreement"); and WHEREAS, the Issuer, the Trustee and the Paying Agent/ Registrar entered into an Indenture of Trust (the "Indenture") dated as of April 1, 1985, providing for the issuance by the Issuer of the Bonds and the security for payment by the Issuer of the principal of, premium, if any, and interest on the Bonds; and WHEREAS, the Company and the Issuer (at the request of the Company) desire to effect certain amendments to the Indenture and the Loan Agreement in order to permit the Bonds to be remarketed at Fixed Interest Rates for Fixed Rate Periods or at Floating Interest Rates (as such terms are defined in the Indenture) as determined by Seattle-First National Bank as Remarketing Agent in accordance with the Indenture; and WHEREAS, the Issuer and the Trustee have caused a First Supplemental Indenture of Trust (the "Supplemental Indenture") and Amendment No. 1 to the Loan Agreement both dated as of April 1, 1986, to be prepared in order to accomplish the amendments to the Indenture and the Loan Agreement desired by the Company; and WHEREAS, the Trustee as sole Owner of Outstanding Bonds for the benefit of the Credit Bank, the Credit Bank as issuer of the Letter of Credit, the Trustee and the Company have each - 2 - consented in writing to the execution and delivery of the Supplemental Indenture and Amendment No. l to the Loan Agreement and the Lessee of the Project has been given notice thereof; and WHEREAS, Bond Counsel have delivered to the Issuer, Trustee, the Company, and the Credit Bank their opinion that the Supplemental Indenture and Amendment No. l to the Loan Agreement are authorized and permitted by the Indenture and the Act and comply with the respective terms thereof, will, upon execution and delivery hereof, be valid and binding upon the Issuer in accordance with their terms, and will not adversely affect the exemption from federal income taxation of interest on the Bonds; WHEREAS, the Act requires the City to approve by resolution any agreement by the Issuer to issue bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows: The City hereby approves the form of and the execution and delivery by the Issuer of the First Supplemental Indenture of Trust dated as of April l, 1986, among the Issuer, California First Bank as Trustee, and J. Henry Schroder Bank & Trust Company as Paying Agent/Registrar and Amendment No. l to the - 3 - Loan Agreement dated as of April 1, 1986 by and between the Issuer and the Company. The foregoing resolution was adopted by the City Council of the City of Kent, Washington, and approved by the Mayor, at a regular open public meeting this 21st day of April, 1986. Mayor ATTEST: FORM APPROVED: 2448k - 4 - I, MARIE JENSEN, City Clerk of the City of Kent, Washington, certify that the attached copy of Resolution No./~ is a true and correct copy of the original Resolution passed on the~ day of April, 1986. 2448k DATED this ~ day of ~t ;,j 1 1986. ----~~~ MARIE Jf&SEN, City Clerk