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HomeMy WebLinkAbout90-07 - ADMIN Resolution - Economic Development Authority - 1990/07/16RESOLUTION NO. EDA-qn-07 MICROFILMED RESOLUTION APPOINTING THE LAW FIRM OF POPHAH, HAIK. SCHNOBRICH & KAUFMAN, LTD. AS BOND COUNSEL FOR FINANCINGS .UNDERTAKEN BY AND THROUGH THE ST. LOUIS. ' PARK ECONOMIC DEVELOPMENT AU111ORITY BE IT RESOLVED by the Commissioners (the "Commissioners") of The St. Louis Park Economic Development Authority (the "EDA"): SECTION 1 Recitals 1.01 From time to time, the EDA may undertake financings, refinancings or refundings on its own behalf through the issuance of bonds or other evidences of indebtedness of the EDA, whether. payable from the full faith and credit of the EDA or from specified limited sources. 1.02 From time to time, the EDA may be requested to undertake financings, refinancings or refundings by parties other than the EDA as then may be permitted by the laws of the State of Minnesota for the benefit of such.other parties through the. issuance by the EDA of bonds or other evidences of indebtedness payable from specified revenues. 1.03 .R•' The issuance and marketing of such bonds and evidences of indebtedness, whether or not the interest thereon is excludable from gross income of the recipient thereof for federal - income tax purposes, requires the opinion of counsel as to validity and, if applicable, tax -exemption ("bond counsel"). 1.04 The firm of Popham, Haik, Schnobrich & Kaufman, Ltd. currently serves as counsel to the EDA and is listed in The Bond BUver's Municipal Marketplace as a firm of municipal bond attorneys. SECTION 2 2.01 The firm of Popham, Haik, Schnobrich & Kaufman, Ltd. is hereby appointed sole bond counsel in connection with the issuance of bonds and other evidences of indebtedness by the EDA, whether on its own behalf or for the benefit of other parties as permitted by law. 2.02 This appointment shall not constitute an approval to proceed with any financing or the issuance of any bonds or other evidences of indebtedness by the EDA without the express subsequent approval of the EDA. 2.03 The term of this appointment shall be until revoked by future action of the EDA. i\ -.-i i".P IIr.I 2,04 If and when the EDA determines to proceed with the issuance of any evidences of indebtedness on its own behalf for its own benefit, the Executive Director is authorized to negotiate bond counsel compensation. 6 2.05 If and when the EDA is requested to issue evidences of indebtedness'for the benefit of a party other than the EDA, such party shall be informed of this appointment and that the fees and expenses of bond counsel shall be the responsibility of such party. As a part of the application process for the issuance of such bonds or other evidences of indebtedness, such party shall enter into a fee agreement with Popham, Haik, Schnobrich & Kaufman, Ltd. agreeing to pay the fees and expenses of such firm as bond counsel and agreeing to hold the EDA harmless for all such fees and expenses. 2.06 This appointment as bond counsel shall be separate and distinct from, and in addition to, Popham, Haik, Schnobrich & Kaufman, Ltd. serving as counsel to the EDA in connection with such financings. 2.07 This resolution shall take effect on its passage for the issuance of bonds or other evidences of indebtedness on or after that date. ATTEST: . r, t0/XOk Executive Director Adopted by the Commissioners July 16 1990 P esident -2-