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HomeMy WebLinkAboutD-429 AFNB/Nationwide BondORDinANCE WHEREAS, certain economic development facilities located in the City of Carmel, Indiana (the "City"), were originally financed by the issuance of $1,670,000 of City of Carmel Economic Development Revenue Bond (4000 East 96th Street Project) (the "Bond"), and the loan of the proceeds thereof to 4000 East 96th Street (the "Company") pursuant to a Loan Agreement between the City and the Company, dated as of June 1, 1983 (the "Agreement"); and WHEREAS, the Bond was issued pursuant to a Bond Purchase Agreement between the City and American Fletcher National Bank and Trust Company ("AFNB"), dated as of June 1, 1983 (the "Bond Purchase Agreement"); and WHEREAS, AFNB assigned its rights under the Agreement and the Bond Purchase Agreement to Nationwide Life Insurance Company by an Assignment, dated December 22, 1983; and WHEREAS, the Company will prepay $250,000 under the Note which will be applied to the partial redemption of the Bond; and WHEREAS, after the prepayment, the monthly payments on the Bond are to be adjusted to amortize the outstanding balance over the original amortization period; and WHEREAS, the final form of the Supplement to Bond Purchase Agreement to accomplish such adjustment has been presented to this Council for approval; now, therefore, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA: Section 1. The form of the Supplement to Bond Purchase Agreement submitted to this meeting is hereby approved and shall Attest: be inserted in the minutes of the Common Council and kept on file by the Clerk-Treasurer. In accordance with provisions of I.C. 36- 1-5-3, two (2) copies of such documents are on file in the office of the Clerk-Treasurer for public inspection. Section 2. The Mayor and Clerk-Treasurer are authorized and directed to execute, attest, affix or imprint by any means the City's seal to the Supplement to Bond Purchase Agreement approved herein on behalf of the City and any other document which may be necessary or desirable to consummate the transac- tion. The Mayor and Clerk-Treasurer are hereby expressly authorized to approve any modifications or additions to the Supplement to Bond Purchase Agreement which take place after the date of this Ordinance with the review and advice of a city Attorney; it being the express understanding of this Common Council that said Supplement to Bond Purchase Agreement is in substantially final form as of the date of this Ordinance. The approval of said modifications or additions shall be conclusively evidenced by the execution and attestation thereof and affixing of the seal thereto or the imprinting of the seai thereon. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Passed and adopted this /~ day of December, 1984. CARMEL COMMON COUNCIL siding Officer -2- Presented by me to the Mayor of the City of Carmel, Indiana, on this /~ day of December, 1984, at the hour of ~: _ m. Approved and signed by me on this /7 day of December, 1984. M~, City of Camel -3-