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01-368��C�!;�;�L Council File # 6 \ — 3`g Resolution # Green sheet # 110186 RESOLUTION Presented By Referred To OF SAINT PAUL, MINNESOTA Committee: Date �3 2 C� 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Authorizing Execution of Subordination Agreement with Respect to Community of Peace Academy Charter School Bond Issuance WHEREAS: 1. The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "IIRA") has given its approval to the issuance of up to $11,045,000 of its revenue bonds to be issued in one or more series (collectively, the "2001 Bonds"), to finance the costs to be incurred by Community of Peace Building Company, a Minnesota nonprofit corporation (the "Compan}�') in connection with the conshucrion and equipping of apublic secondary schoolhouse to be ownedbythe Company and leased to the Community of Peace Academy, a Minnesota nonprofit corporarion (the "Academy") located in the City of Saint Paul, Minnesota (the "Cit�') and the advance refunding of the 1998 Bonds described below (collecrively fhe "ProjecY'); and 2. The 2001 Bonds are to be issued by the F1RA pursuant to the terms of an Indenture of Trust between the HI2A and U.S. Bank Trust National Association (the "Trustee"); and The HRA had previously issued its $3,570,000 Lease Revenue Bonds (Community of Peace Academy Project) Series 1998 (the "1998 Bonds") pursuant to an Indenture of Trust (the "1998 Indenture") dated December 1, 1998 between the HRA and U.S. Bank Trust National Association (the "1998 Trustee"). In connection with the issuance ofthe 1998 Bonds the Company entered into a STAR Loan Agreement dated December 29, 1998 with the City of Saint Paul (the "City") which was subordinated to the 1998 bonds.. The Company has now requested that the City execute a new Subordination Agreement dated as of April l, 2001 (the "Subordination AgreemenY'), pursuant to which the City will subordinate the liens and security interests granted in the Star Mortgage dated December 29, 1998 (the "STAR Mortgage") executed by the Company to secure amounts payable under the STAR Loan Agreement dated December 29,1998 (tha "STAR Loan AgreemenY') to the rights of the Trustee under the Bond Mortgage securing the 2001 Bonds. NOW, THEREFORE, BE TI' RESOLVED by the Council ofthe City of Saint Paul that the Subordination Agreement is hereby approved in substantially the form submitted, with only such changes as may be necessary or desirable to accomplish the intent of this resolution. The Subordination Agreement is to be executed on the City's behalfby the Mayor, Director ofPlanning and Economic Development and Director, Office of Financial Services. , .. :: 0�-��4' ol 1 2 �� ��i-'j L Requested by Department of: Planninc & Economic evelo ment By: „-`� .1'i i Approved by Financial Services Adopted by Council: Date �� il a=on� By: Fosm Approved by Cit torney Adoption Certif'' by Council Secretary � By: � \ �^ - iFi -� SY: � , Approved by Mayor: Date ��l v"✓ / Approved by Mayor fpv Submission to Council BY: By: � I � o�-��i' UEPARTM ENT/O FFICE/COU\ CIL: lannin� &Economic Development °ATE u'ITIaTED GREEN SHEET No.: 110186 March 26, 2001 1CT PERSON R PH NE: Malloy 266- 47 � ASSIGN 7�pp,RTMEIJT D1R ��/- 4 CI7Y COUNCIL ER FOR � CITY ATTORNEY� _ CITY CLERK ���-, FNANCIALSERVDIR- FINANCIALSERV/ACCTG 2 3�AYOR (OR ASST.) _ CNIL SERVICE CO�MISSION I IRA CIlA1RPLRSON 5 PHD THAM LGADHRS.�rA✓ PED ACCOUNTING MUSl' BE ON COUYCII, AG� DA BY (DATE) Aori14, 2001 OTAt, Y. OF SIGNATURE PAGES 5(CLIP A[,L LOCATIONS FOR SIGN.ATURE) crion aeQUesren: City council approval of attached resolution. ENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S yIL'ST e1�YSWER THE FOLLOWING QUESTIONS: 1. Has this person/ficm ever worked under a contract for this departmeni? PLANNING COMMISSION Yes No CiB COMMITTEE . Has this person/firtn ever been a city emptoyee? CNILSERVICECOMMISSION Yes No PED Credrt Commrttee . Does this person/firm possess a skill no[ normally possessed by any cuiren[ ciTy employee? Yes No Explain all yes answers on separa[e shee[ and attach to green sheet _ _ . NOT APPLICABLE ATING PROBLEVI, ISSUE, OPPORTUNITY (Who, What, When, Where, Why)� munity of Peace Academy Charter School (COPA) has made a request to the HRA for conduit revenue bo icing to construct a charter school. This is Phase II of a capital improvement plan for the school. In Phase A was approved for a STAR Loan of $700,000 which was subordinated to the original bond debt of $3,500,0( is a request to continue subordination of the STAR Loan to new bond debt of $11,045,000 (the original debt �0,000 would paid off as part of this new bond issue). This is an opporlunity to make additional capi ovements and expand Uie capacity of an east side educational institution that has a proven irack record of financial of debt and public education. \GES IF APPROV ED: continuation of the bond issue process and adds building space and real estate value to an east side DISADVANTAGES IF APPROVED: one ANTAGES IF NOT APPROVED: jeopardize ability to continue bond issue and sell bonds. AMOUNT OF TRANSACTION: $ 0.00 COS" SOURCE: INFOR�lATION:(EXPLAIN) "Chis is a subordination for an existing STAR Loan ACIIVITY NOMBER: a y RCy:i,^-"�"aria p�'4��^,rv� �j6AiUt=`.i2 1 ! ��`�.� � ��C�!;�;�L Council File # 6 \ — 3`g Resolution # Green sheet # 110186 RESOLUTION Presented By Referred To OF SAINT PAUL, MINNESOTA Committee: Date �3 2 C� 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Authorizing Execution of Subordination Agreement with Respect to Community of Peace Academy Charter School Bond Issuance WHEREAS: 1. The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "IIRA") has given its approval to the issuance of up to $11,045,000 of its revenue bonds to be issued in one or more series (collectively, the "2001 Bonds"), to finance the costs to be incurred by Community of Peace Building Company, a Minnesota nonprofit corporation (the "Compan}�') in connection with the conshucrion and equipping of apublic secondary schoolhouse to be ownedbythe Company and leased to the Community of Peace Academy, a Minnesota nonprofit corporarion (the "Academy") located in the City of Saint Paul, Minnesota (the "Cit�') and the advance refunding of the 1998 Bonds described below (collecrively fhe "ProjecY'); and 2. The 2001 Bonds are to be issued by the F1RA pursuant to the terms of an Indenture of Trust between the HI2A and U.S. Bank Trust National Association (the "Trustee"); and The HRA had previously issued its $3,570,000 Lease Revenue Bonds (Community of Peace Academy Project) Series 1998 (the "1998 Bonds") pursuant to an Indenture of Trust (the "1998 Indenture") dated December 1, 1998 between the HRA and U.S. Bank Trust National Association (the "1998 Trustee"). In connection with the issuance ofthe 1998 Bonds the Company entered into a STAR Loan Agreement dated December 29, 1998 with the City of Saint Paul (the "City") which was subordinated to the 1998 bonds.. The Company has now requested that the City execute a new Subordination Agreement dated as of April l, 2001 (the "Subordination AgreemenY'), pursuant to which the City will subordinate the liens and security interests granted in the Star Mortgage dated December 29, 1998 (the "STAR Mortgage") executed by the Company to secure amounts payable under the STAR Loan Agreement dated December 29,1998 (tha "STAR Loan AgreemenY') to the rights of the Trustee under the Bond Mortgage securing the 2001 Bonds. NOW, THEREFORE, BE TI' RESOLVED by the Council ofthe City of Saint Paul that the Subordination Agreement is hereby approved in substantially the form submitted, with only such changes as may be necessary or desirable to accomplish the intent of this resolution. The Subordination Agreement is to be executed on the City's behalfby the Mayor, Director ofPlanning and Economic Development and Director, Office of Financial Services. , .. :: 0�-��4' ol 1 2 �� ��i-'j L Requested by Department of: Planninc & Economic evelo ment By: „-`� .1'i i Approved by Financial Services Adopted by Council: Date �� il a=on� By: Fosm Approved by Cit torney Adoption Certif'' by Council Secretary � By: � \ �^ - iFi -� SY: � , Approved by Mayor: Date ��l v"✓ / Approved by Mayor fpv Submission to Council BY: By: � I � o�-��i' UEPARTM ENT/O FFICE/COU\ CIL: lannin� &Economic Development °ATE u'ITIaTED GREEN SHEET No.: 110186 March 26, 2001 1CT PERSON R PH NE: Malloy 266- 47 � ASSIGN 7�pp,RTMEIJT D1R ��/- 4 CI7Y COUNCIL ER FOR � CITY ATTORNEY� _ CITY CLERK ���-, FNANCIALSERVDIR- FINANCIALSERV/ACCTG 2 3�AYOR (OR ASST.) _ CNIL SERVICE CO�MISSION I IRA CIlA1RPLRSON 5 PHD THAM LGADHRS.�rA✓ PED ACCOUNTING MUSl' BE ON COUYCII, AG� DA BY (DATE) Aori14, 2001 OTAt, Y. OF SIGNATURE PAGES 5(CLIP A[,L LOCATIONS FOR SIGN.ATURE) crion aeQUesren: City council approval of attached resolution. ENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S yIL'ST e1�YSWER THE FOLLOWING QUESTIONS: 1. Has this person/ficm ever worked under a contract for this departmeni? PLANNING COMMISSION Yes No CiB COMMITTEE . Has this person/firtn ever been a city emptoyee? CNILSERVICECOMMISSION Yes No PED Credrt Commrttee . Does this person/firm possess a skill no[ normally possessed by any cuiren[ ciTy employee? Yes No Explain all yes answers on separa[e shee[ and attach to green sheet _ _ . NOT APPLICABLE ATING PROBLEVI, ISSUE, OPPORTUNITY (Who, What, When, Where, Why)� munity of Peace Academy Charter School (COPA) has made a request to the HRA for conduit revenue bo icing to construct a charter school. This is Phase II of a capital improvement plan for the school. In Phase A was approved for a STAR Loan of $700,000 which was subordinated to the original bond debt of $3,500,0( is a request to continue subordination of the STAR Loan to new bond debt of $11,045,000 (the original debt �0,000 would paid off as part of this new bond issue). This is an opporlunity to make additional capi ovements and expand Uie capacity of an east side educational institution that has a proven irack record of financial of debt and public education. \GES IF APPROV ED: continuation of the bond issue process and adds building space and real estate value to an east side DISADVANTAGES IF APPROVED: one ANTAGES IF NOT APPROVED: jeopardize ability to continue bond issue and sell bonds. AMOUNT OF TRANSACTION: $ 0.00 COS" SOURCE: INFOR�lATION:(EXPLAIN) "Chis is a subordination for an existing STAR Loan ACIIVITY NOMBER: a y RCy:i,^-"�"aria p�'4��^,rv� �j6AiUt=`.i2 1 ! ��`�.� � ��C�!;�;�L Council File # 6 \ — 3`g Resolution # Green sheet # 110186 RESOLUTION Presented By Referred To OF SAINT PAUL, MINNESOTA Committee: Date �3 2 C� 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Authorizing Execution of Subordination Agreement with Respect to Community of Peace Academy Charter School Bond Issuance WHEREAS: 1. The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "IIRA") has given its approval to the issuance of up to $11,045,000 of its revenue bonds to be issued in one or more series (collectively, the "2001 Bonds"), to finance the costs to be incurred by Community of Peace Building Company, a Minnesota nonprofit corporation (the "Compan}�') in connection with the conshucrion and equipping of apublic secondary schoolhouse to be ownedbythe Company and leased to the Community of Peace Academy, a Minnesota nonprofit corporarion (the "Academy") located in the City of Saint Paul, Minnesota (the "Cit�') and the advance refunding of the 1998 Bonds described below (collecrively fhe "ProjecY'); and 2. The 2001 Bonds are to be issued by the F1RA pursuant to the terms of an Indenture of Trust between the HI2A and U.S. Bank Trust National Association (the "Trustee"); and The HRA had previously issued its $3,570,000 Lease Revenue Bonds (Community of Peace Academy Project) Series 1998 (the "1998 Bonds") pursuant to an Indenture of Trust (the "1998 Indenture") dated December 1, 1998 between the HRA and U.S. Bank Trust National Association (the "1998 Trustee"). In connection with the issuance ofthe 1998 Bonds the Company entered into a STAR Loan Agreement dated December 29, 1998 with the City of Saint Paul (the "City") which was subordinated to the 1998 bonds.. The Company has now requested that the City execute a new Subordination Agreement dated as of April l, 2001 (the "Subordination AgreemenY'), pursuant to which the City will subordinate the liens and security interests granted in the Star Mortgage dated December 29, 1998 (the "STAR Mortgage") executed by the Company to secure amounts payable under the STAR Loan Agreement dated December 29,1998 (tha "STAR Loan AgreemenY') to the rights of the Trustee under the Bond Mortgage securing the 2001 Bonds. NOW, THEREFORE, BE TI' RESOLVED by the Council ofthe City of Saint Paul that the Subordination Agreement is hereby approved in substantially the form submitted, with only such changes as may be necessary or desirable to accomplish the intent of this resolution. The Subordination Agreement is to be executed on the City's behalfby the Mayor, Director ofPlanning and Economic Development and Director, Office of Financial Services. , .. :: 0�-��4' ol 1 2 �� ��i-'j L Requested by Department of: Planninc & Economic evelo ment By: „-`� .1'i i Approved by Financial Services Adopted by Council: Date �� il a=on� By: Fosm Approved by Cit torney Adoption Certif'' by Council Secretary � By: � \ �^ - iFi -� SY: � , Approved by Mayor: Date ��l v"✓ / Approved by Mayor fpv Submission to Council BY: By: � I � o�-��i' UEPARTM ENT/O FFICE/COU\ CIL: lannin� &Economic Development °ATE u'ITIaTED GREEN SHEET No.: 110186 March 26, 2001 1CT PERSON R PH NE: Malloy 266- 47 � ASSIGN 7�pp,RTMEIJT D1R ��/- 4 CI7Y COUNCIL ER FOR � CITY ATTORNEY� _ CITY CLERK ���-, FNANCIALSERVDIR- FINANCIALSERV/ACCTG 2 3�AYOR (OR ASST.) _ CNIL SERVICE CO�MISSION I IRA CIlA1RPLRSON 5 PHD THAM LGADHRS.�rA✓ PED ACCOUNTING MUSl' BE ON COUYCII, AG� DA BY (DATE) Aori14, 2001 OTAt, Y. OF SIGNATURE PAGES 5(CLIP A[,L LOCATIONS FOR SIGN.ATURE) crion aeQUesren: City council approval of attached resolution. ENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S yIL'ST e1�YSWER THE FOLLOWING QUESTIONS: 1. Has this person/ficm ever worked under a contract for this departmeni? PLANNING COMMISSION Yes No CiB COMMITTEE . Has this person/firtn ever been a city emptoyee? CNILSERVICECOMMISSION Yes No PED Credrt Commrttee . Does this person/firm possess a skill no[ normally possessed by any cuiren[ ciTy employee? Yes No Explain all yes answers on separa[e shee[ and attach to green sheet _ _ . NOT APPLICABLE ATING PROBLEVI, ISSUE, OPPORTUNITY (Who, What, When, Where, Why)� munity of Peace Academy Charter School (COPA) has made a request to the HRA for conduit revenue bo icing to construct a charter school. This is Phase II of a capital improvement plan for the school. In Phase A was approved for a STAR Loan of $700,000 which was subordinated to the original bond debt of $3,500,0( is a request to continue subordination of the STAR Loan to new bond debt of $11,045,000 (the original debt �0,000 would paid off as part of this new bond issue). This is an opporlunity to make additional capi ovements and expand Uie capacity of an east side educational institution that has a proven irack record of financial of debt and public education. \GES IF APPROV ED: continuation of the bond issue process and adds building space and real estate value to an east side DISADVANTAGES IF APPROVED: one ANTAGES IF NOT APPROVED: jeopardize ability to continue bond issue and sell bonds. AMOUNT OF TRANSACTION: $ 0.00 COS" SOURCE: INFOR�lATION:(EXPLAIN) "Chis is a subordination for an existing STAR Loan ACIIVITY NOMBER: a y RCy:i,^-"�"aria p�'4��^,rv� �j6AiUt=`.i2 1 ! ��`�.� �