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097 of 1982 - Amendment of Industrial Dev. Revenue Bond ` , RESOLUTION #97, 1982 Q 82-15 MINUTES OF MUNICIPAL COUNCIL TO ACCOMPANY BOND RESOLUTION Salt Lake City, Utah November 2, 1982 The Municipal Council of Salt Lake City, Salt Lake County, Utah, met in regular public session on the 2nd day of November, 1982, at the hour of 6 : 00 o' clock P.M. at the regular meeting place of the Municipal Council in Room 301 in the City and County Building, Salt Lake City, Utah. The meeting was duly called to order by the Chairperson of the Municipal Council with the following members of the Municipal Council being present, constituting a quorum of the Municipal Council : Sydney R. Fonnesbeck Chairperson Ione M. Davis Councilmember Grant Mabey Councilmember Ronald J. Whitehead Councilmember Palmer DePaulis Councilmember Edward W. Parker Councilmember Alice Shearer Councilmember Absent : None There were also present : Ted L. Wilson Mayor Lynda Domino Deputy City Recorder Roger Cutler City Attorney Thereupon, the following Resolution was introduced in written form by Councilmember Parker, was read in full and, pur- suant to motion duly made by Councilmember Parker and seconded by Councilmember Whitehead, was adopted by the following vote : 1. 5 Aye : Palmer DePaulis Ione M. Davis Ronald J. Whitehead Sydney R. Fonnesbeck Grant Mabey Edward W. Parker Alice Shearer Nay: None The Resolution was thereupon presented to and approved and signed by the Chairperson of the Municipal Council and was attested and recorded by the Deputy City Recorder in the official records of said City. The Resolution is as follows : [Attached] (Other business not pertinent to the above appears in the minutes of the meeting. ) Upon motion duly made and carried, the meeting was adjourned. Chairperson Attested : Dd/putt City Recorder [SEAL] 2 STATE OF UTAH ) SS COUNTY OF SALT LAKE ) I, Lynda Domino, the duly qualified and acting Deputy City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify, according to the records of said city in my official possession, that the above and foregoing constitutes a true and correct copy of excerpts from the minutes of a regular public meeting of the Municipal Council of Salt Lake City, Salt Lake County, Utah held on November 2, 1982, including one resolu- tion adopted at said meeting, as said minutes and resolution are officially of record in my possession. Said resolution has not been amended as of the date hereof. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the corporate seal of Salt Lake City, Salt Lake County, Utah, this 3rd day of November, 1982. /Ovwou , nI)Iuln"l) Deputy City Recorder [SEAL] RESOLUTION NO. 97 A RESOLUTION SUPPLEMENTING AND AMENDING A RESOLUTION ADOPTED ON MARCH 161, 1982 (WHICH AUTHORIZED THE INDUSTRIAL DEVELOP- MENT REVENUE BOND (185 SOUTH STATE PROJECT) IN THE PRINCIPAL AMOUNT OF $7,650,000) BY SALT LAKE CITY, SALT LAKE COUNTY, UTAH, AND RELATED MATTERS. WHEREAS, pursuant to a Resolution (hereinafter referred to as the "Bond Resolution" ) duly adopted on March 16, 1982 by the Municipal Council of Salt Lake City, Salt Lake County, Utah (here- inafter referred to as the "Issuer" ) , the Issuer has on April 2, 1982 executed and delivered its Industrial Development Revenue Bond ( 185 South State Project ) in the principal amount of $7,650,000 (the "Bond" ) ; WHEREAS, the Aetna Casualty and Surety Company (the "Purchaser") purchased the Bond pursuant to the Bond Purchase Agreement dated as of March 15, 1982 among the Issuer, the Purchaser and 185 South State Associates, a Utah limited partnership (the "Borrower" ) , and the Purchaser is now the sole owner of the Bond; WHEREAS, the Borrower and the Purchaser have indicated to the officers of the Issuer that the Bond contains a provision relating to the earliest possible optional prepayment thereof which is incorrect and inconsistent with the intentions of the said parties, and said parties have requested that the Bond be amended and modified; and WHEREAS, in order to provide for the amendment and modi- fication of the Bond it is necessary for the Issuer to adopt this supplemental Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH, as follows : Section 1. That the form of the Bond contained in Section 4 of the Bond Resolution be amended by changing the date "May 1 , 1982" in paragraph 9(a) of the Bond form to the date "May 1, 1992. " Section 2. That the Mayor is hereby authorized and directed to execute and deliver a new Bond (the "Replacement Bond" ) dated and in all respects identical to the outstanding Bond but amended so as to comply with the provisions of Section 1 hereof, and the City Recorder is hereby authorized and directed to attest the Replacement Bond and each is authorized to deliver the Replace- ment Bond, in exchange for and in substitution for the outstanding Bond. The seal of the Issuer is hereby authorized and directed to be affixed to the Replacement Bond. Section 3. That the Mayor and City Recorder, for and on behalf of the Issuer be, and each of them hereby is, authorized and directed to do any and all things necessary to effect the performance of all obligations of the Issuer under and pursuant to this Supplemental Resolution, the execution and delivery of the Replacement Bond and the performance of all other acts of whatever nature necessary to effect and carry out the authority conferred by this Supplemental Resolution. The Mayor and City Recorder be, and they are hereby, further authorized and directed for and on behalf of the Issuer, to execute all papers, documents, certificates and other instruments that may be required for the carrying out of the Authority conferred by this Supplemental Resolution or to evidence said authority. Presented at a regular meeting of the City Council of the Salt Lake City, Salt Lake County, Utah held on the 2nd day of November, 1982. This Supplemental Resolution, passed and approved this 2nd day of November, 1982. airperson- ATTE ,T: Pr I i � � � �� ep ty City Recorder (SEAL) I do further certify that the deliberations of the City Council on the adoption of said Supplemental Resolution were taken openly; that the vote on the adoption of said Supplemental Resolution was taken openly; that said meeting was held at a specified time and place convenient to the public; that notice of said meeting was duly given; and that said meeting was called and held in strict accordance with the provisions of all applicable open meeting laws, and that said Municipal Council has complied with all of the applicable provisions of said Act and its procedural rules in the adoption of said Supplemental Resolution. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of said Issuer this 3rd day of November, 1982. (SEAL) ts . Deputy i Recorder -2-