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HomeMy Public PortalAbout074-1981 - First Mortgage Revenue Bonds - West Realty Company ProjectORDINANCE NO. 74-1981 AN ORDINANCE AMENDING THE PROVISIONS APPLICABLE TO THE CITY OF RICHMOND ECONOMIC DEVELOPMENT FIRST MORTGAGE REVENUE BONDS, SERIES 1981 (CITY - WEST REALTY COMPANY PROJECT) AND OTHER DOCUMENTS RELATED THERETO WHEREAS, the Common Council of the City of Richmond (the "Common Council") has heretofore adopted Ordinance No. 8-1981, on March 16, 1981, authorizing the issuance of the City of Richmond Economic Development Revenue Bonds, Series 1981 (City -West Realty Company Project) (the "Bonds") and the entering into by the City of Richmond (the "City") in a Loan Agreement, dated as of February 1, 1981, between the City and City -West Realty Company (the "Company") (the "Loan Agreement") and a Mortgage and Indenture of Trust, dated February 1, 1981, among the City, the Company, and The Second National Bank of Richmond, as Trustee (the "Indenture"); and WHEREAS, the Company and the holders of the bonds are requesting the City to approve an amendment to the terms of the bonds and the terms and provisions of the Loan Agree- ment and Indenture; and WHEREAS, the Common Council is willing to consent to such amendments. NOW THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, as follows: SECTION 1. The findings and the determinations of the Common Council, set forth in the Ordinance referenced above, are hereby confirmed and adopted, except as hereinafter provided. SECTION 2. The Common Council approves the entering into by the City in a First Amendatory and Supplemental Loan Agreement and Mortgage and Indenture of Trust, among the City, the Company, and the Second National Bank of Richmond, as Trustee, in the form attached hereto, and authorizes the Mayor and Clerk to execute and deliver on behalf of the City the First Amendatory and Supplemental Loan Agreement and Mortgage and Indenture of Trust in substantially the form presented hereto with such changes as are acceptable to the Mayor, such acceptance to be evidenced by his signature. SECTION 3. The terms and provisions of the Loan Agree- ment, the Indenture, and the Bonds are hereby deemed to be amended as provided in the First Amendatory and Supplemental Loan Agreement and Mortgage and Indenture of Trust. SECTION 4. The Mayor and Clerk are authorized to execute and deliver the Bonds to the Second National Bank of Richmond, as Trustee, which Trustee is directed to hold the newly executed Bond and exchange the same with the holders of the Bonds upon receipt of the originally executed Bond. SECTION 5. The Mayor and Clerk are hereby authorized and directed in the name of and on behalf of the City, to execute any and all instruments, perform any and all acts, approve any and all matters, and do any and all things deemed by them, or any of them, to be necessary or desirable in order to carry out the purposes of this Ordinance (including the preambles hereto), and the issuance, sale and delivery of the Bonds. - 2 - SECTION 6. This Ordinance shall be in force and effect from and after its adoption and approval as provided by law. This Ordinance shall constitute a contract between the City and the holders of the Bonds. PASSED and ADOPTED by the Common Council of the City of Richmond, Indiana, this / -r day of (k,, 1981. President of Common Council ATTEST City Clerk PRESENTED by me, JoEllen Trimble, City Clerk, to thef, Mayor of the City of Richmond, Indiana this a day of 71�' 1981. 71ty ' Jerk APPROVED by me, Clifford J. Dickmn, Mayor of the City of Richmond, Indiana, this ,�'_.:si day of 4_ jK,-z, , 1981. MayW i ATTEST: City Clerk \ i