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HomeMy WebLinkAboutRes1995-080 I . . Sponsored by: Carzini CITY OF SEWARD, ALASKA RESOLUTION NO. 95-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING RESOLUTION NO. 90-159 RELATING TO THE $7,300,000 CITY OF SEWARD, ALASKA, REVENUE BONDS, 1990 (ALASKA PACIFIC UNIVERSITY PROJECT) TO CHANGE CERTAIN TERMS THEREOF WHEREAS, the City of Seward, Alaska, (the "City) issued its $7,300,000 Revenue Bonds, 1990 (Alaska Pacific University Project) (the "Bonds") on December 31, 1990; and WHEREAS, on December 20, 1990, the City adopted Resolution No. 90-159 to authorize the issuance of the Bonds; and WHEREAS, the maturity date for the Bonds is July 10, 1995; and WHEREAS, Alaska Pacific University ("Borrower") executed and delivered to the City a promissory note in the principal sum of seven million, three hundred thousand and 00/100 dollars ("Note"); and WHEREAS, the City assigned the Note and all of its right, title, and interest to receive payments thereunder to Security Pacific Bank Alaska, N.A., ("Security Pacific") under an Agreement to Issue Bonds and Assignment dated as of December 1,1990 (the "Agreement"); and WHEREAS, on April 22, 1992, Bank of America Alaska, N.A., (the "Bank") became and is now the successor in interest to all Security Pacific's right, title, and interest in the Note and the Agreement; and WHEREAS, on June 7, 1995, the Bank and the Borrower agreed to change certain terms of the Note in accordance with the provisions of a commitment letter from the Bank to the Borrower dated May 17, 1995; and WHEREAS, the Bank and the Borrower desire that the Note be modified to extend the maturity date by five years and to make certain other changes as noted herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Resolution No. 90-159 is hereby amended to revise the terms of the Bonds, the Note, and other documents executed in connection with the issuance of the Bonds in accordance with the attached Explanation of Changes. CITY OF SEWARD, ALASKA RESOLUTION NO. 95-080 Section 2. Payments made under the Bonds prior to the date hereof conforming to the changes described in the attached Explanation of Changes are hereby ratified, confirmed, and approved. Section 3. The City Manager and the Finance Director are each authorized, empowered, and directed to take such actions and execute such documents by and on behalf of the City as may be necessary to effectuate the changes authorized by this resolution. Section 4. The approval of this resolution is subject to the condition that the University award an additional full tuition scholarship to a student who is a graduate of Seward High School, subject to the terms in Schedule B to the Loan Agreement between the City and the University. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 10th day of July, 1995. THE CITY OF SEWARD, ALASKA ~'1.1)Q ~. (b1l1"Atv--IL Dave W. Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Crane, Darling, Deeter, King, O'Brien, Sieminski None None None ATTEST: (City Seal) t,"t.';~ ~.;;..~~:: 1~",~,~. 1.".\~ ,f~r ~l?f,:,,~ .''''1'. -~:,. ~-<",' ..:'~.",.."~,,,,""'j;'...q^ ;""'.. "C'" \" "''1or)').. 1'_ .,..'~,} ,,-. ;c. .l' ..,"'II""Il,,-,'>u.' "...)-.. .:_~' /~j;_" ^.'.. ~<;:.::....\..., 4';..:;. ~: : 0.,,:. ,.....~_ \..1 .... ~ ,_ :...... ~ I'" () !b"E~j/:~.IA ,~:') ~ -' ~ ; .,. , . , ... ~"... .,~-:...(/.j ~,/ 5 9.. .: \. ..~'vb '\~"::' ,,'t..j""' ~~ ,~ ......A').. _..to;' 1, ..- .-~(:......, 4.; "'~. -T, t.", ........ ~"lj.J:..~'f.it"} ..t;,~~'J-1 t.o,;,. Op j.\.\,'~':';,:.~" ""'J'~~'~f."t~ ,~ t . . Resolution No. 95-080 Attachment EXPLANATION OF CHANGES 1. The final maturity date of the Bonds shall be extended from July 10, 1995, to July 10, 2000. Principal payments shall be made during the extension period in accordance with the attached schedule. 2. All references to Security Pacific Bank Washington's Prime Rate for purposes of calculating interest with respect to the Bonds shall be replaced with Bank of America's publicly stated Reference Rate, fully floating. 3. The Agreement shall be amended to incorporate the following covenants of the Borrower: (a) With respect to the Borrower's University Plaza, the Borrower shall maintain a minimum debt service coverage ratio of 1.25:1.0 measured annually. The debt service coverage ratio shall be calculated as the net operating income of University Plaza divided by annual principal and interest payments on the Bonds. (b) The Borrower shall provide annual audited financial statements to the Bank within 120 days after the end of each of the Borrower's fiscal years and shall provide quarterly unaudited financial statements to the Bank within 30 days after the end of each fiscal year quarter. (c) The Borrower shall maintain the following ratios, each to be measured during each fiscal year quarter: debt service coverage of at least 1.1:1.0j current ratio on a consolidated basis of at least 1.25:1.0; and maximum debt to net worth (fund balance) of 1.4:1.0. 4. All terms of the Note and other documents not expressly modified herein remain unchanged. , . . Attachement A to Commitment Letter Oated Mav 17. , 995 to Alaska Plcific University Payment o ate: I'rincipal Amount Outstanding Loan Balance 7'10,95 ., 1,907.63 $4.759,396.40 811 0/95 $ 11.984.04 .4,747412.38 9il0195 .12.060.94 $4.7315,351.42 10/10195 $1~.138.J3 $4,723.213.09 11/10/95 $12,216.22 .4.710.996.87 12/10/951 '12,294.60 '4.698.702.27 1/10/96 .12 373.49 .4.888,328.78 , 2110/96 $12.452.89 $4.673.875.89 3/10/98 '12.532.80 .4.881.343.09 4/10/96 '12,813.21 '4.548,729.88 5/1 0/98 '12.694.15 '4,836,035.73 6/10/t8 '12,778.80 '4,823,280.13 7/10/96 '12.857.58 '4,810402.55 8/1 0/96 .12,940.08 '4,697.482.47 9/10/96 .13.023.12 '4,584,439.36 , 1 0/1 0/96 '13.108.68 '4,!71 332.87 i 1 1/10/96 .13.190.78 .4 55e 141.89 I 1211 0/98 '13,215.42 '4.644.886.47 1/10/97 "3.360.61 14531 506.88 2/10/97 .'3.448.34 '4.818,0151.52 3/10/97 '13.632.82 '4,504,528.80 4/10/97 .'3.819.46 '..490,907.46 5/10/97 .'3.70~U4 '4.477.200.81 6/10/97 '13.7H.80 '4.483,405.81 7fl0/97 '13.883.31 '.,448,522.50 8/10/97 "3.972.40 $4,435,560.10 9nO/9? '14.0412.06 N.421,488.06 1 Oil 0/97 '14.1152.28 ....,407.336.77 11/10197 "4.243.10 '4,383.082.87 1 2/1 0197 "4.334.49 '4.378,768.18 I'.yment DI1I: Itrincipal Amount Qutstanding Loan Balal1ce 1/10/98 $14.426.47 $4,364,331 .7' 2/10/98 $14,519.04 '4,349,812.67 3/10/98 "4.812.20 .4.335,200.47 4/10/98 .'4,705.96 '4,320.494.51 5/10/98 $14800.33 $4.305.694.18 6/10/98 $14.895.30 '4.290.798.88 7/10/98 .'4.990.87 $4.275.808.01 811 0/88 "5.087.06 $4280.720.95 911 0/98 $15183.87 '4.245,537.08 101t018S '16.281.30 $4.230.255.78 11/10/98 '15,379.38 $4,214,876.42 1 21t 0/88 $16.478.04 '4,199.398.38 lit 0/98 '15.571.36 '4,183,821.02 2110/89 .'5.&77.31 '4.168.143.71 3/1 0/89 $15,777.81 $4,162.366.80 4110lt8 $16,879.1 & '4,136.486.65 511 0/0 "15,881.04 $4,120.605.81 8/1 0/89 $ 18.083.69 $4.104 422.02 711 0118 '18,188.79 '4 088 235.23 8/1 0/98 $18,210.88 '4.071.944.57 911 a". ne.391.18 '..055,549.38 1 011 0/89 "8,500.3' $4.039.048.99 1 1/1 0/18 '18.808.27 '4.022,442.72 1 2/1 Oil. '1'.712.83 '4.005.729.89 1/10100 $18.820.07 $3.188909.82 2/10JOO '1e.927.98 $3.871,981.83 3110100 "7,038.82 '3.964.946.21 4/10100 "1.'45.13 '3.837,188.28 511~ '17.258.915 13.'20.543.33 8/10100 $17.388.88 U,I03.176.65 "10100 "1..78.12 '3.886.688.53 BallOOn DUI 7.10-00: .3 RaR Baa S~