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City Council Resolution 1989-21CITY OF MONTICELLO, MINNESOTA RESOLUTION N0.1989-21 BEING A RESOLUTION AUTHORIZING AND AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR $260,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS, SERIES 1989A, PLEDGING FOR THE SECURITY THEREOF TAR INCREMENT FROM TAX INCREMENT FINANCING DISTRICT NO. 1-2, AND AUTHORIZING EXECUTION OF A TAX INCREMENT PLEDGE AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL (THE "COUNCIL") OF THE CITY OF MONTICELLO, MINNESOTA (THE "ISSUER") AS FOLLOWS: Section 1. Recitals. 1.01 The Housing and Redevelopment Authority in and for the City of Monticello (the "HRA") has heretofore adopted and this Council has duly approved Tax Increment Financing District No. 1-2 (the "District"). pursuant to Minnesota Statutes, Sections 469.174 to 469.179, within the modified Central Monticello Redevelopment Project No. 1 created and modified pursuant to Minnesota Statutes, Section 469.001, et se ., for the purpose of financing or otherwise paying public redevelopment costs pursuant to Minnesota Statutes, Chapter 469. 1.02 The Issuer has heretofore adopted a Tax Increment Financing Plan for the District within the modified Central Monticello Redevelopment Project No. 1. The County Auditor of Wright County has certified the original tax capacity of all taxable property in the District. The original tax capacity of the District is $10,412. 1.03 Based upon present and anticipated mill rates for ad valorem taxes to be levied on taxable property in the District, the Council hereby determines that the total annual tax increment to be derived from the District in 1990 will be approximately $20,035, in 1991 approximately $33,970, and in 1992 and thereafter approximately $38,230. Such figures are based on the Issuer's current total tax capacity rate of 82.09196. Section 2. Award of Sale; Terms of Bonds. 2.01. The Issuer hereby awards the sale of the $260,000 General Obligation Taxable Tax Increment Bonds, Series 1989A (the "Bonds") to Miller Securities, Incorporated _ (the "Purchaser") as the bidder offering the lowest net interest cost by its bid to purchase the Bonds at a price of $ 256, 360 plus accrued interest to the date of delivery, the Bonds to bear interest at the rates per annum as follows: Year of Interest Year of Interest Maturit Rate Maturit Rate 1992 8.40% 2000 8.707. 1993 8.40 2001 8.70 1994 8.50 2002 8.75 1995 8.50 2003 8.75 1996 8.50 2004 8.80 1997 8.60 2005 8.80 1998 8.60 2006 8.85 1999 8.60 2007 8.85 The Administrator of the Issuer is directed to retain the good faith check of the Purchaser pending delivery of and payment for the Bonds, and to return the checks of the unsuccessful bidders. 2.02. The Issuer shall issue the Bonds in the aggregate principal amount of $260,000, dated August 1, 1989 as fully registered bonds without coupons. The Bonds shall be in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount of a single maturity, shall be numbered from R-1 upwards in order of issuance, and shall bear interest at the rates set forth above, payable February 1, 1990 and semiannually thereafter on each February 1 and August 1, and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 1992 $ 5,000 2000 $15,000 1993 5,000 2001 20,000 1994 5,000 2002 20,000 1995 10,000 2003 20,000 1996 10,000 2004 25,000 1997 10,000 2005 25,000 1998 15,000 2006 30,000 1999 15,000 2007 30,000 For the purposes of meeting the requirement of Minnesota Statutes, Section 475.54, the foregoing maturity schedule is hereby combined with the maturity schedule of the issuer's $245,000 General Obligation Improvement Bonds, Series 1989B. 2.03. All Bonds maturing on or after February 1, 2000 shall be subject to redemption and prior payment in whole or in part in inverse order of maturity and by lot within maturity at the option of the Issuer on February 1, 1999 and any interest payment date thereafter at a price of par plus accrued interest. Thirty days' prior notice of redemption shall be given by first-class mail to the Registrar and to the registered owners of the Bonds, and notice of redemption will be published in the manner provided by Chapter 475, Minnesota Statutes. Upon notice having been so given, the Bonds or portions of Bonds therein specified shall be due and payable at the stated redemption date and price with accrued interest to the redemption date, and upon funds for such payment being held by or on behalf of the Registrar for such payment on the specified redemption date, interest thereon shall cease to accrue after such redemption date. No defect in the mailed notice of redemption shall affect the validity of the call for redemption of any Bond. 2.04. The Bonds shall be payable as to principal upon presentation at the main office of American National Bank and Trust Company (the "Registrar"), or at the office of such other successor registrar as the Issuer may hereafter designate upon 60 days mailed notice to the registered owners. Interest on each Bond shall be payable by check or draft of the Registrar mailed the last business day prior to the interest payment date to the registered holder thereof at his or her address as it appears on the bond register at the close of business on the 15th day (whether or not a business day) of the calendar month next preceding the interest payment date. Section 3. Form and Execution of the Bonds. 3.01. The Bonds shall be in substantially the following form, with the necessary variations as to number, CUSIP Number, rate of interest and date of maturity, the blanks to be properly filled in: UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF MONTICELLO No. R- GENERAL OBLIGATION TAXABLE TAX INCREMENT BOND, SERIES 1989A Rate Maturity Nominal Date of Original Issue CUSIP August 1, 1989 REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Monticello, Minnesota (the "City"), for value received, hereby certifies that it is indebted and hereby promises to pay to the Registered Owner specified above, or registered assigns, the principal sum specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay to the registered owner hereof interest on such principal sum at the interest rate specified above from August 1, 1989, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on August 1 and February 1 of each year, commencing February 1, 1990, until said principal sum is paid. Principal and the redemption price are payable in lawful money of the United States of America at , as Registrar, Transfer Agent and Paying Agent, in ,Minnesota, or at the offices of such successor agent as the City may designate upon 60 days notice to the registered owners at their registered addresses (the "Registrar"). Interest shall be paid on each February 1 and August 1 by check or draft of the Registrar mailed the last business day prior to the interest payment date to the person in whose name this Bond is registered at the close of business on the preceding January 15 and July 15 (whether or not a business day) at his or her address set forth on the bond register maintained by the Registrar. Any such interest not punctually paid or provided for will be paid to the person in whose name this Bond 3 is registered at the close of business on a special record date established by the Registrar for the payment of such defaulted interest. The Bonds of this series maturing on or after February 1, 2000 are subject to redemption at the option of the City, in whole or in part in inverse order of maturity and by lot within a maturity, on February 1, 1999 and any interest payment date thereafter at a price equal to par and accrued interest. Thirty days' prior notice of redemption will be given by first-class mail to the Registrar and to the registered owners, and notice of redemption will be published in the manner provided by Minnesota Statutes, Chapter 475. No defect in mailed notice will affect the validity of the call for redemption of any Bond. This Bond is one of a series of Bonds in the aggregate principal amount of Two Hundred Sixty Thousand Dollars ($260,000) of like date and tenor except for number, interest rate, denomination, date of maturity and redemption privilege, and is issued for the purpose of providing funds to finance or otherwise pay public redevelopment costs, pursuant to Minnesota Statutes, Chapter 469, of Tax Increment Financing District No. 1-2 established by the Housing and Redevelopment Authority in and for the City of Monticello (the "Authority") pursuant to Minnesota Statutes, Section 469.175, and pursuant to an authorizing resolution (the "Resolution") adopted by the City Council of the City on July 10, 1989, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter .475 and Sections 469.174 through 469.179. The Bonds of this series are payable from the General Obligation Taxable Tax Increment Bonds, Series 1989A Fund of the City (the "Bond Fund") to which has been pledged certain tax increment generated from the tax increment financing district. All taxable property within the City is also subject to the levy of direct general ad valorem taxes required by law to be levied and extended if needed for this purpose, without limitation of rate or amount. The issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation thereon. As provided in the Resolution, and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City kept for that purpose at the principal office of the Registrar, by the registered owner hereof in person or by such owner's attorney duly authorized in writing, upon surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or such owner's duly authorized attorney. Upon such transfer and the payment of any tax, fee or governmental charge required to be paid by the City or the Registrar with respect to such transfer, there will be issued in the name of the transferee a new Bond or Bonds of the same aggregate principal amount as the surrendered Bond. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of a different authorized denomination, as requested by the registered owner or his duly authorized attorney, upon surrender thereof to the Registrar. 4 It is hereby Certified and Recited that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed in order to make this Bond a valid and binding general obligation oP the City according to its terms, have been done, do exist, have happened and have been performed in due form, time and manner as so required. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been manually signed by a person authorized to sign on behalf of the Registrar. IN WITNESS WHEREOF, The City of Monticello, Minnesota has caused this Bond to be executed with the facsimile signatures of its Mayor and its Administrator, both as of the Nominal Date of Original Issue specified above. Dated: THE CITY OF MONTICELLO, MINNESOTA By (Facsimile) Mayor (Facsimile) Administrator Certificate of Authentication This is one of the Bonds described in the within mentioned Resolution. Bond Registrar By Authorized Signature S ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee. Include information for all joint owners if the Bond is held by joint account.) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed by: Signature(s) must be guaranteed by a commercial bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. Notice: The signature(s) on this assignment must correspond with the name(s) appearing on the face of this Bond in every particular, without alteration or any change whatever. Please Insert Social Security Number or Other Identifying Number of Assignee (Form of Certificate) CERTIFICATE AS TO LEGAL OPINION I, Rick Wolfsteller, Administrator of the City of Monticello, Minnesota, hereby certify that except for the date line, the above is a full, true and compared copy of the legal opinion of Holmes do Graven, Chartered, of Minneapolis, Minnesota, which was delivered to me upon delivery of the bonds and is now on file in my office. (Facsimile) Administrator 3.02. As long as any of the Bonds issued hereunder shall remain outstanding, the Issuer shall cause to be kept at the principal office of the Registrar the Register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds. American National Bank and Trust Company is hereby appointed Registrar, Transfer Agent and Paying Agent with respect to the Bonds. 6 Upon surrender for transfer of any Bond with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or his duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the Issuer shall execute and the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. Any Bonds, upon surrender thereof at the office of the. Registrar may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of exchanging or transferring fully registered Bonds is exercised, the Issuer shall execute and the Registrar shall deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the Issuer or the bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the Issuer or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the Issuer. The Issuer shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of the first publication of notice of redemption in the case of a proposed redemption of Bonds. The Issuer and the Registrar shall not be required to make any transfer or exchange of any Bonds called for redemption. 3.03. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such bond was exchanged) is registered at the close of business on the preceding January 15 and July 15, as the case may be. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder, and such defaulted interest may be paid by the Issuer to the person in whose name such Bond is registered at the close of business on a special record date established by the Registrar for the payment of such defaulted interest. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 3.04. As to any Bond, the Issuer and the Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the Issuer nor the Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. Z 3.05. If (i) any mutilated Bond is surrendered to the Registrar, and the Issuer and the Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (ii) there is delivered to the Issuer and the Registrar such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Registrar that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this subsection, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Every new Bond issued pursuant to this subsection in lieu of any destroyed, lost, or stolen Bond shall constitute an original additional contractual obligation of the Issuer, whether or not the destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Resolution equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Bonds. Section 4. Execution and Delivery 4.01. The Bonds shall be executed by the respective facsimile signatures of Mayor and the Administrator as set forth in the form of Bond. The seal of the Issuer shall be omitted from the Bonds as permitted by law. The text of the approving legal opinion of Holmes do Graven, Chartered, of Minneapolis, Minnesota, as bond counsel, shall be printed on the reverse side of each Bond and shall be certified by the facsimile signature of the Administrator. When said Bonds shall have been duly executed and authenticated by the Registrar in accordance with this resolution, the same shall be delivered to the Purchaser upon payment of the purchase price, and the receipt of the Administrator delivered to the Purchaser thereof shall be a full acquittance; and the Purchaser shall not be bound to see to the application of the purchase money. The Bonds shall not be valid for any purpose until authenticated by the Registrar. 4.02. Unless litigation shall have been commenced and be pending questioning the Bonds, revenues pledged for payments of the bonds, or the organization of the Issuer or incumbency of its officers, at the closing, the Mayor and the Administrator shall execute and deliver to the successful bidder a suitable certificate as to absence of material litigation and a certificate as to payment for and delivery of the Bonds, together with the signed approving legal opinion of Holmes be Graven, Chartered, as to the validity and enforceability of the Bonds Section 5. Bond Fund and Accounts, Appropriations, Pledge. 5.01. There is hereby created a special fund of the Issuer designated "General Obligation Taxable Tax Increment Bonds, Series 1989A Fund" (the "Bond Fund") held and administered by the Administrator separate and apart from all other Funds of the Issuer. The Bond Fund shall be maintained in the manner specified until all of the Bonds herein authorized, any refunding bonds issued to refund the Bonds, and any other general obligation tax increment bonds hereafter issued and made payable from the Bond Fund, and the interest thereon, have been fully paid and the Issuer has been fully reimbursed from the pledge of tax increment for any of the principal and interest of the Bonds paid by the Issuer from general ad valorem taxes levied on property in the Issuer. [n the Fund there shall be maintained two separate accounts, to be designated as the "Capital Account" and the "Debt Service Account," respectively. Capital Account. The proceeds from the sale of the Bonds, less the amount of the proceeds of the Bonds deposited in the Debt Service Account, and less any accrued interest received thereon, shall be credited to the Capital Account, from which there shall be paid all costs and expenses of the District, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred, of the kind authorized in Minnesota Statutes, Sections 475.65, 469.176, subdivision 4, and Minnesota Statutes, Sections 469.001 et seg. Debt Service Account. There is hereby pledged and there shall be credited to the Debt Service Account (a) all unused discount and accrued interest received upon delivery of and payment for the Bonds, (b) collections of tax increment derived from the District and pledged to the payment of principal of and interest on the Bonds, any taxes levied for the payment of the Bonds, and revenues derived from any other sources available and pledged to pay principal, premium, if any, and interest on the Bonds, (c) $ 40, 000 to be used to pay interest on the Bonds prior to the collection of tax increment and other revenues sufficient to pay debt service on the Bonds, .and (d) all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof. The Debt Service Account herein created shall be used solely to pay principal of, premium, if any, and interest on the Bonds and any other general obligation tax increment bonds hereafter issued and made payable from said Debt Service Account, except that upon discharge of the Bonds and such already outstanding or additional Bonds, the Issuer may use any remaining funds in the Debt Service Account to reimburse the Issuer as provided above. 5.02. To provide additional moneys for the payment of principal and interest on the Bonds there is hereby levied upon all of the taxable property in the issuer a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of, other general property taxes in said Issuer for the years and in the amounts as follows: Levy Year Collection Year Amount Levied -0- Said tax levies are such that if collected in full, they, together with estimated collections of tax increment from the District and the other amounts therein pledged to the payment of the Bonds, will produce at least five percent (596) in excess of the amount needed to meet when due the principal and interest payments on the Bonds (except for interest payable from funds which shall be on hand and irrevocably deposited to the Debt Service Aceount as of the date of delivery of and payment for the Bonds). Said tax levies shall be irrevocable so long as any of the 9 Bonds are outstanding and unpaid, provided that the Issuer reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes Section 475.61, subdivision 3. The Issuer hereby determines that the estimated collections of tax increment and other pledged amounts, together with the above levy, if collected in full, will produce at least five percent (596) in excess of the amount needed to meet when due the principal and interest payments on'the Bonds (except for interest and principal payable from funds, which are on hand and irrevocably deposited to the Debt Service Account as of the date of delivery of and payment for the Bonds). The full faith and credit and taxing powers of the Issuer are hereby irrevocably pledged for the prompt and full payment of the principal of and interest on the Bonds and such other general obligation indebtedness as may be made payable from the Bond Fund, as such principal and interest respectively become due. 5.03. The Administrator is directed to keep on file in his office a tabulation of the dates and amounts of the principal and interest payments to become due and amounts of the principal and interest payments to become due on bonds payable from the Bond Fund, and of the balance required in the Bond Fund on October 1 in each year in order to cancel the taxes levied pursuant to this Resolution for collection the following year. Section 6. Tax Increment Pledge Agreement. 6.01. The HRA has agreed to segregate the tax increment derived from the District on its official books and records and to remit to the Debt Service Account of the Bond Fund the amount of tax increment required to be remitted to the Issuer pursuant to a Tax Increment Pledge Agreement in substantially the form attached hereto as Exhibit A. Such Tax Increment Pledge Agreement is hereby approved, and the Mayor and Administrator of the Issuer are hereby authorized to execute the same on behalf of the Issuer with such necessary and appropriate variations, omissions and insertions as are not materially inconsistent with such form as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 7. Miscellaneous. 7.01. The Administrator is hereby authorized and directed to certify a copy of this Resolution and to cause the same to be filed in the office of the Wright County Auditor, together with such other information as such auditor may require, and to obtain. from the county auditor a certificate that the Bonds have been entered upon his bond register. 7.02. The officers of the Issuer are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and records of the Issuer relating to the power and authority of the Issuer to issue the Bonds within their knowledge or as shown by the books and records in their custody and control, and such certified copies and certificates shall be deemed representations of the Issuer as to the facts stated therein. Adopted this 10th day of July, 1989. 10 ERH1B[T A TAR INCREMENT PLEDGE AGREEMENT by and between THE CITY OF MONTICELLO, MINNESOTA and THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, MINNESOTA THIS AGREEMENT is made and entered into on or as of the day of 1989, by and between the City of Monticello, Minnesota (the "City"), and The Housing and Redevelopment Authority in and for the City of Monticello, Minnesota (the "HRA"). WHEREAS, the HRA established Tax Increment Financing District No. 1-2 (the "District"), prepared the Tax Increment Financing Plan (the "Plan") for the District, and approved the Plan, as modified, on , 1989; and WHEREAS, the City Council of the City approved the Plan, as modified, on 1989; and WHEREAS, pursuant to authority conferred by Minnesota Statutes, Section 469.178, and Minnesota Statutes, Chapter 475, the City has agreed to finance certain public redevelopment costs to be incurred by the HRA in the District through the issuance of general obligation bonds of the City, designated the ;260,000 General Obligation Taxable Tax Increment Bonds, Series 1989A (the "Bonds"); and WHEREAS, the HRA has agreed to pledge certain tax increment revenues to the City for the payment of the principal of and interest on the Bonds; and WHEREAS, pursuant to Minnesota Statutes, Section 469.178, subd. 2, any agreement to pledge tax increment revenues must be made by written agreement by and between the HRA and the City and must be filed with the County Auditor of Wright County; NOW, THEREFORE, the City and the HRA mutually agree to the following: (1) The City will sell the Bonds. (2) The proceeds from the sale of the Bonds and the earnings from the investment of such proceeds will be made available to the HRA to pay or reimburse the HRA for public redevelopment costs paid, incurred, or to be paid or incurred, by the HRA in the District. (3) All tax increment generated by the District from and after the date of this Agreement shall be deposited in a special fund (the "Project Fund") held by the HRA. The HRA hereby pledges to the payment of the principal and interest on the Bonds, tax increment from the Project Fund in an amount equal to 10595 of the annual principal and interest due on the Bonds. A-1 (4) Not later than five (5) business days prior to each February 1 and August 1 debt service payment date for the Bonds, there shall be transferred from the Project Fund to the Debt Service Account maintained by the City for the payment of the Bonds, an amount which when taken together with amounts already on deposit in the Debt Service Account, is equal to the principal and interest next due on the Bonds. If at any time the Project Fund contains an amount in excess of the amount to be transferred to the Debt Service Account for the payment of the Bonds on the following two debt service payment dates (excluding debt service payment dates for which interest is payable from proceeds of the Bonds deposited in the Debt Service Account), then such excess amounts shall be available to the HRA to pay or reimburse the HRA for public redevelopment costs paid, incurred, or to be paid or incurred, by the HRA in the District. (5) Without regard to anything in this Agreement to the contrary, tax increment generated by the District shall be available to pay principal of and interest on both the Bonds and any other obligations issued by the City, HRA or any other public body to finance public redevelopment costs paid or incurred by the HRA in the District. (6) When the entire public redevelopment costs of the District have been paid and all principal and interest on the Bonds and other obligations issued to finance the public redevelopment costs of the District have been paid, and the City has been reimbursed from collections of tax increment from the Project for collections of general ad valorem taxes used to pay principal of and interest on the Bonds, then the HRA shall report such fact to the City Council of the City and the HRA shall submit a final statement of such payments. Upon audit of this statement and approval thereof by the City Council, the payment of the expenditures of the HRA in the Project shall be reported to the County Auditor of Wright County. (7) An executed copy of this Agreement shall be filed with the County Auditor of Wright County. IN WITNESS WHEREOF, the City and the HRA have caused this Agreement to be duly executed on their behalf and their seals to be hereunto affixed and such signatures and seals to be attested, as of the day and year first above written. ATTEST: Administrator CITY OF MONTICELLO B Mayor (SEAL) ATTEST: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, MINNESOTA Secretary By Chairman A-2 ' ,, SPRINGSTED ~~ PUBLIC FINANCE ADVISORS 85 East Seventh Place, Suite 100 Saint Paul, Minnesota 55101.2143 612.2233000 Fax: 612.223.3002 $260,000 CITY OF MONTICELLO, MINNESOTA GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS, SERIES 1989A AWARD: MILLER SECURITIES, INCORPORATED SALE: July 10, 1989 Moody's Rating: A Interest Bidder Rates Net Interest Price Cost & Rate MILLER SECURITIES, INCORPORATED 8.40% 1992-1993 $256,360.00 $283,425.00 8.50% 1994-1996 (8.8708%) 8.60% 1997-1999_ 8.70% 2000-2001 8.75% 2002-2003 8.80% 2004-2005 8.85% 2006-2007 ALLISON-WILLIAMS COMPANY 8.30% 1992-1995 $256,100.00 $286,236.25 8.40% 1996 (8.958881 %) 8.50% 1997 8.60% 1998 8.70% 1999 8.75% 2000-2001 8.80% 2002-2003 8.90% 2004-2005 9.00% 2006-2007 PIPER, JAFFRAY & HOPWOOD 9.00% 1992-1998 $255,320.00 $298,033.75 INCORPORATED 9.10% 1999-2000 (9.328130%) 9.15% 2001-2002 9.20% 2003-2004 9.25% 2005-2007 These bonds are being reoffered at par. BBI: 7.00 Average Maturity: 12.29 years Indiana Office: Wisconsin Office: 251 North Illinois Street, Suite 1510 500 Elm Grove Road, Suite 101 Indianapolis, Indiana 46204.1942 Elm Grove, Wisconsin 531220037 317.237.3636 414.782.8222 Fax: 317.237.3639 Fax 414.782.2904 CERTIPICATION OF MINUTES issuer: The City of Monticello Governing body: City Council Meeting: A meeting of the City Council of the City of Monticello, Minnesota held on the 10th day of July, 1989 at 7:00 p. m. at the City Hall in the City of Monticello, Minnesota. Council Members present: Kenneth Maus, Shirley Anderson, Daniel Blonigen, Frances Fair and Warren Smith Council Members absent: None Documents: A copy of a resolution adopted by the City Council of the City of Monticello at said meeting. Certification: I, Rick Wolfsteller, Administrator of the City of Monticello do hereby certify the following: Attached hereto is a true and correct copy of a resolution on file and of record in the offices of the City of Monticello, which resolution was adopted by the City Council, at the meeting referred to above. Said meeting was a regular meeting of the City Council, was open to the public, and was held at the time and place at which meetings of the City Council are regularly held. Member Fair moved the adoption of the attached resolution. The motion for adoption of the attached resolution was seconded by Member smith A vote being taken on the motion, the following voted in favor of the resolution: Maus, Anderson, Blonigen, Fair and Smith and the following voted against the resolution: None 1 whereupon said resolution was declared duly passed and adopted. The attached resolution is in full force and effect and no action has been taken by the City Council of the City of Monticello which would in any way alter or amend the attached resolution. Witness my hand officially as the Administrator of the City of Monticello this ~~day ofv~~~, 1989. City dministrator 2