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270322 WHITE — CITV CLERK PINK — FINANCE COURCIl � � � e/ � � (��J CANARY — DEPARTMENT GITY OF SAINT PAUL !� ��! BLUE — MAVOR File �O. �� � � � ' �+y Council Resolution Presented By _� �J'�': "�`-1 Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of the City of Saint Paul cloes hereby approve agreement with The First National Bank of Saint Paul designating the bank as paying agent for the Capital Improve- ment Bonds, Series 1978, to be dated February 1, 1978, and the proper City officers are hereby authorized and directed to execute the agreement on behalf of the City of Saint Paul. COUNCILMEN Yeas Nays Requested by Department of: Butler �Q In Favor Hozza Hunt `7 � �a � __ Against BY �'`� Roedler Sylvester Tedes�e�r ,AN � �9�� Form Approved b City Att ey Adopted-'t�y'Council: Date — ,/ C ified P• s� by Coun ,ec tary s BY- s ,A t978 Approved by M or r Submission to Council App by ;Vlayor: at � By By � P113LiSHED !.�{`� � 4 i9�$ f � . � �f�� ��`� �" r'' ' ,w � , 500,000 CITY OF` SAINT PAUL CAPITAL IMPROVE�MENT BONDS, SERIES 1978 Dated February 1, 1978 AGREEMENT RELATING TO PAYING AGENCY THIS AGREEMENT, P4ade this day of , 1977, by and between THE FIRST NATIONAL BANK OF SAINT PAUL (the Bank) and the CITY OF SAINT PAliL, a municipal corporation of the State of Minnesota (the Municipality) ; WI'I'�1ESSETH, THAT WHEREAS: A. The AZunicipality has authorized the issuance of $6,500,000 City of Saint Paul General Obligation Capital Improvement Bonds, Series 1978, Numbered G-1 to G-1300, inclusive, hereinafter referred to as Obligations; and B. The Bank and Municipality desire to state the terms and conditions by which the Bank shall serve as paying agent for the Obligations; NOW, THEREFORE, In consideration of the premises and of the mutual agreements herein contained, it is agreed by the Bank and the P�unicipality as follows: , 1. The P�un.icipality hereby appoints the Bank as agent ta perform the duties herein described, and the Bank hereby accepts such appointment. This agreement shall be in force for the full term of the Obligations. . '.`y �,�C . ,z � A 6 ' _ �''������� , ,� 2. The Bank will enter into a Co-Paying Agency Letter Agreement with the Chase Nlanhattan Bank of New York, which Letter Agreement will provide that the Chase Manhattan Bank, D1.A. of New Yorls, will pay principal and interest on the Obligations as they are due and will receive payment therefor from the Bank, the terms and conditions for such services to be set forth in the said Co- Paying Agency Letter Agreement, a copy of which shall be attached hereto as Exhibit B. 3. In the performance of its duties as such paying agent, the Bank shall: (a) Keep true and accurate accounts of the outstanding � principal balances of the Obligations. (b) Not less than fortv-five (45) days before the due date of any principal of or interest on the Obligations, send a statement to the N!unicipality of the amount which will be reauired to pay the principal of and interest on the Obligations on such date. (c) With the funds received from the A4unicipality, pay such of the principal of and interest on the Obligations as are due on the stated payment dates, upon presentation of the Obligations or coupons for payment. (d) Forthwith upon presentation and payment of Obligations or coupons, cancel the same by per- foration or other appropriate means, and forward to P�:unicipality all cancelled bonds and coupons at least once monthly. (e) At least once monthly, for�aard to the Municipality a statement showing remaining balances, receipts . �y ��� . � ' . ,. �,,��}f���� ;, .; , and disbursements for the payment of the principal, interest and call premiums, if any, of the Obli- gations. 4. The Municipal.ity shall: (a) Remit to the Bank not later than one da1 before the payment date of any of the principal of or interest on the Obligations the sum declared by the Bank to be needed for payment of the Obliga- tions and coupons due• on said date. ' (b) Pay to the Bank its fees and ch�rges for services performed which are ten cents ($0.10) per coupon due and one dollar and twenty-five cents ($1. 25) per five thousand dollar bond due. The fees and charges of said Bank shall in no event become a charge against the funds remitted by the P�unici�al- ity for payment of principal of and interest on . the Obligations. 5. The Bank shall not be required to pay interest on any funds of the Municipality for anv period during which such funds are held by the Bank acvaiting presentation of Obligations or coupons for payment. � 6 . In the event that the PZunicipality shall call any Obligations for redemption, the responsibility for notifying the holders of the Obligations of such call shall rest solely with the Municipality, and Bank does not by this Agreement undertake any responsibility or assume any obligation to notifv holders known or unknown of any such call for redemption. -3- , _. y K� . ' a���f�`,�� 7. With respect to coupons or Obligations payable to bearer, the Bank may treat the bearer or presenter of any such coupon or Obligation as the owner thereof, and such bearer or presenter shall be conclusively presumed to be a person authorized to receive payment thereof regardless of whether or not any other person may assert a claim to, or ownershin of, or an interest in any such Obligation or coupon. ' 8. The Municipality may issue registered bonds to replace any existing� bearer bonds and the registration shall be as to both principal and interest. In the event registered bonds are issued, Municipality shall maintain the registration books and shall pay principal and interest to such registered holder. Any principal and interest which shall be shown as registered in the books of P4unicipality shall be reduced from the statements to be submitted by the BanY to l��unicipality as set forth in Paragraph 3 (b) above, and the Bank shall not be accountable for such principal and interest. 9. The Bank shall not be liable 'for any loss arising out of any act or omission of the *?unicinality or any officer, employee or agent thereof. 10. mhe Bank shall not pay an_y claims for alleged lost or destroyed Obligations or coupons unless duplicates have been • 'y� -4- :.� ' . � � - - ' � � �������� � F..�'..�`i/ issued by the Municipalit_y in accordance with the la��� and the Bank has been notified by the tiunicipalityo uf such issuance of said duplicates. The Bank shall not be responsible for any duplicate payment resulting from the issuance of such duplicates. 11. The Bank shall not pay any Obligation or coupon after the statute of limitations for the payment thereof has barred the claim therefor, and any funds remaining in the possession of the Bank for payment of Obligations or coupons on whic� the statute of limitations has run shall be returned to the P�unici- pality upon the execution by the Municipalityo uf an inder.inity agreement in form satisfactory to the Bank_. � IN VTITNE5S WHEREOF, The rtunicipality and the Bank have caused this Agreement to be executed in their respective names by their duly authorized representatives in two counterparts, each of which shall be deemed an original. Approved as to Form: CITY OF SAINT PAUL By 2?ayor � (SEAL) Director, Department of Finance and bianagement Services THE FIRST NATIONAL BAivK OF SAINT PAUL (SEAL) By . Assistant Vice President . � -5-