Loading...
HomeMy Public PortalAbout069-1983 - Revenue Bonds - Heritage RegencyORDINANCE NO. 69-1983 AN ORDINANCE AMENDING NO. 4-1983 AND AUTHORIZING THE SUBSTITUTION OF HERITAGE REGENCY OF RICHMOND FOR HERITAGE REGENCY, INC. AS BORROWER OF THE PROCEEDS OF THE "CITY OF RICHMOND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES A (HERITAGE REGENCY, INC. PROJECT)", AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO. WHEREAS, the City of Richmond, Indiana (the "City), is a municipal corporation and political subdivision of the State of Indiana and by virtue of Indiana Code § 36-7-12-1 et seq., as amended (the "Act"), is authorized and empowered to adopt this ordi- nance (the "Ordinance") and to carry out its provisions; and WHEREAS, the City has, pursuant to the Act and Ordinance No. 4-1983 issued bonds designated "City of Richmond Economic Development Revenue Bonds, Series A (Heritage Regency, Inc. Project)" in the total principal amount of $2,265,000 (the "Bonds"); and WHEREAS, it has been requested that the City adopt an amendatory ordinance authorizing the substitution of Heritage Regency of Richmond for Heritage Regency, Inc. as borrower of the proceeds of the Bonds. WHEREAS, the Richmond Economic Development Commission has f performed all actions required of it by the Act preliminary to the adoption of this Ordinance and has approved and forwarded to this Common Council the forms of (1) a Second Amendment to Bond Purchase and Loan Agreement, dated as of September 1, 1983, among the City, Heritage Regency of Richmond, Merchants National Bank & Trust Company of Indianapolis, as trustee (the P Y t "Trustee") and Merchants National Bank & Trust Company of Indianapolis, as agent for the pur- chasers of the Bonds; (2) a First Amendment to Mortgage, Security Agreement and Trust Indenture dated as of September 1, 1983, among the City, I � Heritage Regency of Richmond and the Trustee; (3) a Replacement Note from Heritage Regency of Richmond to the _City; (4) Forms UCC-3 and 3(a) Financing Statements; (5) a Replacement Letter of Credit issued by Merchants National Bank & Trust Company of Indianapolis for the account of Heritage Regency of Richmond; and (6) this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that: Section 1. Authorization of Substitution. The Common Council hereby approves the substitution of Heritage Regency of Richmond, an Indiana general partnership, for Heritage Regency, Inc as borrower of the proceeds of the Bonds and the assump- tion of all liabilities of Heritage Regency, Inc. by Heritage Regency of Richmond. Section 2. Amendments. In order to provide for the substitution of Heritage Regency of Richmond for Heritage Regency, Inc. as borrower of the Bond proceeds, the Common Council hereby approves the form and terms of the Second Amendment to Bond Purchase and Loan Agreement, First Amendment to Mortgage, Security Agreement and Trust Indenture, Replacement Note and Forms UCC-3 and 3(a) Financing Statements, and authorizes and directs the Mayor and Clerk to execute or -2- endorse and deliver the same for and on behalf of the City. The Common Council also hereby approves the issuance of a Replacement Letter of Credit. Section 3. General. The Mayor and the Clerk be and they are each hereby authorized and directed, in the name and on behalf of the City, to execute any and all other agreements, documents, and instruments, perform any and all things deemed by them, or either of them, to be necessary or desirable in order to carry out and comply with the intent, conditions and purposes of this Ordinance (including the preambles hereto and the documents mentioned herein). Section 4. Binding Effect. The provisions of this Ordinance shall constitute a binding contract between the City and the holders of the Bonds, and this Ordinance shall not be repealed or amended in any respect which would adversely affect the rights of the holders of the Bonds as long as any Bonds or interest thereon remains unpaid. Section 5. Reaffirmation. In all other respects, Ordinance No. 4-1983, as amended by Ordinance No. 21-1983, is hereby ratified and affirmed. Section 6. Effective Date. This Ordinance shall be in full force and effect immediately upon its adoption by the Common Council and approval by the Mayor. =Z PASSED and ADOPTED this-, -day of ` 1� y-� -� 1983, by the Common Council of the City of Richmond, Indiana. ATTEST: , City Clerk Pifes d'knt QY C PRESENTED to the Mayo of the City of Richmond, Indiana, this 14 day of 1983 Ci lerk APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana this,-;s�`i day of r7 'C ! 1983. EST: City Clerk -4-