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HomeMy WebLinkAbout1985-067-04/16/1985-SETTING FORTH THE INTENTION OF THE CITY TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR JOHN P. CA RESOLUTION 85- 67 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH THE INTENTION OF THE CITY OF FORT COLLINS, COLORADO TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR JOHN P. CAVANO, JR. WHEREAS, representatives of John P. Cavano, Jr. (the "Developer" ) have met with officials of the City of Fort Collins, Colorado (the "City" ) , and have advised the City of the interest of the Developer in constructing an office building, subject to the willingness of the City to finance the project (the "Project" ) as an industrial development revenue bond project, pursuant to the Colorado County and Municipality Development Revenue Bond Act constituting Article 3, Title 29, Colorado Revised Statutes, 1973, as amended (the "Act" ); and WHEREAS, the Developer has represented to the City that the Project will qualify as a project within the meaning of the Act; and WHEREAS, the Project consists of the development of land and the construction and equipping of an office building proposed to be leased in whole by Engineering Professionals, Inc. , a Colorado corporation, for use as its corporate offices creating additional jobs within the City; and WHEREAS, the City Council has considered the proposal and has con- cluded that the economic benefits to be derived therefrom by the City will be substantial ; and WHEREAS, the City Council has determined the Project to be consistent with the goals and objectives of the City; and WHEREAS, the City Council desires to indicate its intent to proceed with financing the Project through the issuance of such revenue bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: Section 1. In order to induce the Developer to locate and construct the Project within the City, the City shall , subject to the provisions hereof, take all necessary and advisable steps to effect the issuance of industrial development revenue bonds (the "Bonds" ) pursuant to the Act in the maximum aggregate principal amount of Four Hundred and Sixty Thousand Dollars ($460,000.00) or such lesser amount as shall be determined and agreed upon by the Developer and the City to finance the Project, and the City hereby grants to the Project $460,000.00 of its initial allocation of the State of Colorado ceiling on the issuance of "private activity bonds" for 1985 pursuant to the State of Colorado Governor' s Executive Order No. D0062-84, dated December 21, 1984, or superseding legislation of the State of Colorado, which allocation is subject to relinquishment pursuant to the terms of the Executive Order unless a purchase commitment for the Bonds is received within 91 days of the date hereof. The Bonds will not be general obligations of the City. Neither shall the Bonds, including interest thereon, constitute the debt or indebtedness of the City within the meaning of any limitation of the Constitution or statutes of the State of Colorado or the Home Rule Charter of the City, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. The Bonds shall be payable solely from and secured by a pledge of revenues derived from and payable by the Developer pursuant to financing agreements with the City. Section 2. No costs or expenses, whether incurred by the City or any other party in connection with the issuance of the Bonds or the preparation of any documents by any legal or financial consultants retained in connec- tion therewith, shall be borne by the City. All such costs or expenses shall be paid from the proceeds of the Bonds or otherwise borne by the Developer. In addition to the costs and expenses to be borne by the Developer as described in the preceding sentences , if the Project is approved by the City and the Bonds are issued, the Developer shall pay to the City, at closing, a fee equal to 1/16 of 1% of the unpaid principal amount of the Bonds at the end of each bond year. Section 3. Prior to any execution of a financing agreement, mortgage, indenture or trust, bond purchase agreement or any other necessary docu- ments and agreements in connection with such Bonds, such documents and/or agreements shall be submitted for approval to the City, and, if satisfac- tory to the City, their execution shall be authorized by ordinance of the City Council pursuant to law. Section 4. Prior to any further action by the City Council , the Developer shall provide the City with the opinion of a recognized Bon Counsel supporting the legality of the financing of the Project and the utilization of loan proceeds for said Project. Section 5. Nothing contained in this resolution shall constitute the debt or indebtedness of the City within the meaning of any limitation of the Constitution or statutes of the State of Colorado or the Home Rule Charter of the City, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 6. All commitments of the City contained herein are subject to the condition that within twelve (12) months of the date hereof, unless otherwise extended by agreement between the City and the Developer, the Bonds to be issued pursuant hereto shall be issued and sold. In the event that said Bonds to be issued pursuant hereto ar not issued within twelve (12 ) months the City of Fort Collins shall be under no obligation to perform any of the terms and conditions contained herein. -2- Section 7 . The agreements of the City set forth above are expressly conditioned upon the ability and willingness of the City to issue the bonds as tax exempt obligations under the federal income tax laws existing on the date of the issuance of the bonds. Nothing contained in this resolution shall be construed as requiring the City to issue the bonds and the decision to issue the bonds shall be in the complete discretion of the City. Section 8. All ordinances, orders, bylaws, and resolutions, or parts thereof, in conflict with this resolution are hereby repealed to the extent of such conflict. This repealer shall not be construed to revive any order, ordinance, bylaw, or resolution, or part thereof, heretofore re- pealed. Section 9. If any section, paragraph, clause, or provision of this resolution with the exception of any section, paragraph, clause, or provision limiting the City' s financial obligation shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this resolution. Section 10. This resolution shall take effect immediately upon its introduction and passage. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of April , A. D. 1985. May4X�—_Y/ .&t e+ ATTEST: City Clerk -3-