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HomeMy WebLinkAbout91-195 - ADMIN Resolution - City Council - 1991/10/21RESOLUTION NO. 91-195 RESOLUTION APPOINTING SUCCESSOR TRUSTEE WHEREAS, the City has issued its $14,660,000 Hospital Facilities Revenue Bonds (Methodist Hospital Issue), Series A (the "Bonds"), dated July 1, 1978, pursuant to a Trust Indenture dated as of June 1, 1978 (the "Indenture"), from the City to First National Bank of Minneapolis (now First Bank National Association) (the "Original Trustee"); and WHEREAS, the Bonds have been defeased and are no longer secured by the lien of the Indenture, except for the purpose of payment from moneys deposited with and held by the Original Trustee as Escrow Bank under an Escrow Agreement dated as of October 1, 1985 (the "Escrow Agreement"), among the City, the Original Trustee, Norwest Bank Minneapolis, National Association (now Norwest Bank Minnesota, National Association) (the "Successor Trustee"), and Methodist Hospital, a Minnesota nonprofit corporation (the "Corporation"); and WHEREAS, pursuant to Section 8.15 of the Indenture, the Original Trustee has given the City thirty days' written notice of its resignation as Trustee under the Indenture and notice of such resignation will be published by the Successor Trustee at least once a week for two successive weeks in a Financial Journal; and WHEREAS, Section 8.16 of the Indenture provides for the appointment of a successor Trustee by the Bondholders, and until and unless such appointment is made, provides for appointment of a successor Trustee by the City; and WHEREAS, Section 15 of the Escrow Agreement provides that any successor Trustee appointed under the Indenture shall automatically become Escrow Bank under the Escrow Agreement; and WHEREAS, the Corporation has requested the City to appoint the Successor Trustee as successor Trustee pursuant to Section 8.16 of the Indenture and as Escrow Bank pursuant to Section 15 of the Escrow Agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota: 1. The resignation of the Original Trustee, effective November 1, 1991, is hereby accepted. 2. Until and unless a successor Trustee is appointed by the bondholders in the manner provided in Section 8.16 of the Indenture, the City hereby appoints the Successor Trustee as successor Trustee under the Indenture and as successor Escrow Bank under the Escrow Agreement, effective November 1, 1991. 3. The form of Appointment of Successor Trustee, Assignment and Acceptance presented to this Council is hereby approved, and the Mayor, the City Manager and the City Clerk are authorized and directed to execute and deliver the same on behalf of the City. 4. This resolution shall be effective immediately upon adoption. Adopted: October 21, 1991. Att t: ity C erk Reviewed for Administration: c- 4/X12-‘ City Manager Ai/44_ ayor Approved as to form and execution: steam 463; 441144) City Attorney