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HomeMy WebLinkAboutResolution 2023-27 General Obligation Bonds Series 2023A - Piper Sandler & CoExtract of Minutes of Meeting of the City Council of the City of Corcoran, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Corcoran, Minnesota, was duly held in the City Hall in said City on Thursday, April 13, 2023, commencing at 7:00 P.M. The following members of the Council were present: Acting Mayor Bottema, Councilor Schultz, Councilor Vehrenkamp, and Councilor Nichols. and the following were absent: Mayor McKee The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's General Obligation Bonds, Series 2023A, to be issued in the aggregate principal amount of $25,545,000. The City Administrator presented a tabulation of the proposals that had been received in the manner specified in the Notice of Sale for the Bonds. The proposals are as set forth in EXHIBIT A attached. After due consideration of the proposals, Member Acting Mayor Bottema then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: RESOLUTION N0. 2023-27 A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION BONDS, SERIES 2023A, IN THE ORIGINAL ,,; HEIR FORM AND SPECIFICATIONS AGGREGATE PRINCIPAL AMOUNT OF �25545000FIXING T; DIRECTING THEIR EXECUTION AND DELNERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council (the "City Council") of the City of Corcoran, Hennepin County, Minnesota (the "City"), as follows: Section 1. Sale of Bonds. 1.01. A »th nri Kati nn fnr � a 1 P of R nn r� c January 26, 2023 Pursuant to a resolution adopted by the City Council on (the "Authorizing Resolution"), the City authorized the sale of its General Obligation Bonds, Series 2023A (the "Bonds"), for the following purposes: (a) to finance certain public improvements, including street, utility and road improvements to Hackamore Drive, City Center Drive and 79th Place, Horseshoe Road and Horseshoe Bend (the "Abatement Project"), pursuant to Minnesota Statutes, Chapter 475, as amended, and Minnesota Statutes, Sections 469.1812 through 469.1815, as amended (collectively, the "Abatement Act") and a resolution adopted by the City Council on January 26, 2023 following a duly noticed public hearing, approving a property tax abatement (the "Abatements") for certain property in the City (the "Abatement Parcels") over a period of 15 years, in an amount sufficient to pay the principal amount of and all or a portion of interest on bonds issued to finance the Abatement Project; and (b) to finance the construction of various improvements to the City's water utility system, including but not limited to the acquisition, construction, and equipping of a new water treatment facility and other water system improvements (the "Utility Improvements"), pursuant to Minnesota Statutes, Chapters 444 and 475, as amended (collectively, the "Utility Revenue Act"). 1.02. Issuance of General Obligation Bonds. (a) The City Council finds it necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Bonds, Series 2023A (the "Bonds"), in the original aggregate principal amount of $25,545,000, pursuant to the Abatement Act and the Utility Revenue Act (collectively, the "Act"), to provide financing for the Abatement Project and the Utility Improvements. (b) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. The City has retained Northland Securities, Inc. as its municipal advisor (the "Municipal Advisor"). The actions of the City staff and the City's Municipal Advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.03. Award to the Purchaser and Interest Rates. The proposal of Piper Sandler & Co., Minneapolis, Minnesota (the "Purchaser") to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of CR100-25-852935.v2 2 $26,734,997.89 (par amount of $25,545,000.00, plus original issue premium of $1,362,775.10, less an underwriter's discount of $172,777.21), plus accrued interest, if any, for Bonds bearing interest as follows: Year of Maturity 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 *Term Bond True interest cost: 3.7093 721 % Interest Rate 5.00% 5.)0 5.)0 5.)0 5.)0 5.00 5.00 5.00 5.00 5.00 4.00 Year of Maturity 2035 2036 2037 2038 2039 2040 2041 2042 2043 2048* 2053* Interest Rate 4.00% 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 1.04. Purchase Contract. The amount proposed by the Purchaser in excess of the minimum bid shall be credited to the accounts in the Debt Service Fund hereinafter created or deposited in the accounts of the Construction Fund hereinafter created, as determined by the City Administrator in consultation with the City's municipal advisor. The City Administrator is directed to retain the good faith check or deposit of the Purchaser, pending completion of the sale of the Bonds. The Mayor and the City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.05 . Terms and Principal Amount of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act, in the original aggregate principal amount of $25,545,000, originally dated the date of issuance, in fully registered form, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year of Maturity 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 *Term Bond Amount $595,000 555,000 580,000 615,000 645,000 675,000 710,000 745,000 780,000 820,000 860,000 Yf ear o Maturity 2035 2036 2037 203 8 2039 2040 2041 204 2043 2048* 2053* 2 Amount $865,000 895,000 930,000 970,000 1,0101000 725,000 755,000 785,000 820,000 4,605,000 5,6051000 (a) $3,760,000 of the principal amount of the Bonds (the "Abatement Bonds"), maturing on February 1 in the years and in the amounts set forth below, will be used to finance the construction oI the Abatement Project: CR100-25-852935.v2 3 Year of Maturity 2025 2026 2027 2028 2029 2030 2031 2032 Amount $185,000 190,000 2051000 215,000 225,000 23 5,000 250,000 260,000 Year of Maturity 2033 2034 2035 2036 2037 2038 2039 Amount $275MO 285,000 265,000 275NO 285NO 3 00,000 310,000 (b) The remainder of the principal amount of the Bonds in the amount of $21,785,000 the "Utility Revenue Bonds"), maturing on February 1 in the years and in the amounts set forth below, will be used to finance the construction of the Utility Improvements: Year of Maturity 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 * Term Bond Amount $595,000 370,000 390,000 410,000 430,000 450,000 475,000 495,000 520,000 545,000 575,000 Year of Maturitv Mil 2036 2037 2038 2039 2040 2041 2042 2043 2048* 2053* Amount $600,000 620,000 645,000 670,000 700,000 725,000 755,000 785,000 820,000 4,605,000 5,605,000 1.06. Optional Redemption. The City may elect on February 1, 203 1, and on any day thereafter to prepay Bonds due on or after February 1, 2032. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.07 Mandatory Redemption; Term Bonds. The Bonds maturing on February 1, 2048 and February 1, 2053 shall hereinafter be referred to collectively as the "Term Bonds." The principal amount of the Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bonds credited against future mandatory sinking fund redemptions of such Term Bond in such order as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows: CR100-25-852935.v2 4 Sinking Fund Installment Date February 1, 2048 Term Bond 2044 2045 2046 2047 2048 * Maturity February 1, 2053 Term Bond 2049 2050 2051 2052 2053 * Maturity 1.08. Bond Insurance. Principal Amount $850,000 885,000 920,000 955NO 995,000 Principal Amount $L035,000 1,075,000 1,120,000 1,165,000 1,210,000 (a) The Purchaser has elected to obtain a municipal bond insurance policy to be delivered by Build America Mutual Assurance Company ("BAM"), New York, New York (the "Policy") with respect to the scheduled payments due of principal of and interest on the Bonds, and the City hereby approves the Policy. (b) BAM has issued a Municipal Bond Commitment with an effective date of April 13, 2023 (the "Commitment") under the terms of which BAM will issue its Policy on the date of issuance of the Bonds. (c) The City shall take all actions, including the delivery of documents and information, as required by the terms of the Commitment that are necessary to obtain the Policy. The terms and provisions set forth in EXHIBIT D attached hereto (the "Insurer Provisions") are hereby incorporated by reference herein, and the City agrees to be bound by the terms and conditions of the Insurer Provisions, Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (1) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (11) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2024, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint, and will maintain, a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: CR100-25-852935.v2 5 (a) Register, The Registrar will keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a" U11 duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is at any time registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. CR100-25-852935.v2 6 (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Re istrar. The City appoints Northland Trust Services Inc., Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 3 0 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Administrator must transmit to the Registrar money sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser thereof i upon payment of the purchase prce iith n accordance wthe contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form as set forth in EXHIBIT B attached hereto. 3.02. Approving Legal Opinion. The City Administrator is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy &Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. CR100-25-852935.v2 % Section 4. Pavment; Security; Pledges and Covenants. 4.01. Debt Service Fund. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, there is hereby created a special fund to be designated the Bonds will be payable from the General Obligation Bonds, Series 2023A Debt Service Fund (the "Debt Service Fund") hereby created. The Debt Service Fund shall be administered and maintained by the City Administrator as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Debt Service Fund will be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. The City will maintain the following accounts in the Debt Service Fund: the "Abatement Account" and the "Utility Improvements Account." Amounts in the Abatement Account are irrevocably pledged to the Abatement Bonds and amounts in the Utlllty Improvements Account are irrevocably pledged to the Utility Revenue Bonds. (a) Abatement Account. Abatements from the Abatement Parcels and ad valorem tomes levied for the Abatement Project are hereby pledged to the Abatement Account of the Debt Service Fund. There is appropriated to the Abatement Account (1) a pro rata portion of amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.04 hereof; (11 accrued interest; (iii) capitalized interest financed with the proceeds of the Abatement Bonds, if any; (iv) all investment earnings on funds in the Abatement Account; and (v) any and all other moneys which are properly available and are appropriated by the City Council to the Abatement Account. (b) Utility Improvements Account. The City will continue to maintain and operate its water utility fund (the "Water Fund") to which will be credited all gross revenues of the water system and out of which will be paid all normal and reasonable expenses of current operations of such system. Any balances therein are deemed net revenues (the "Net Revenues") and will be transferred, from time to time, to the Utility Improvements Account of the Debt Service Fund, which Utility Improvements Account will be used only to pay principal of and interest on the Utility Revenue Bonds and any other bonds similarly authorized. There will always be retained in the Utility Improvements Account a sufficient amount to pay principal of and interest on all the Utility Revenue Bonds, and the City Administrator must report any current or anticipated deficiency in the Utility Improvements Account to the City Council. There is also appropriated to the Utility Improvements Account (1) a pro rata portion of amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.04 hereof; (ii) accrued interest, if any; (iii) capitalized interest financed with proceeds of the Utility Revenue Bonds, if any; (iv) all investment earnings on funds in the Utility Improvements Account; and (v) any and all other moneys which are properly available and are appropriated by the City Council to the Water Improvements Account. 4.02. Construction Fund. The City hereby creates the General Obligation Bonds, Series 2023A Construction Fund (the "Construction Fund") to be administered and maintained by the Administrator as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The City will maintain the following accounts in the Construction Fund: the "Abatement Account" and the "Utility Improvements Account." Amounts in the Abatement Account are irrevocably pledged to the Abatement Bonds and amounts in the Utility Improvements Account are irrevocably pledged to the Utility Revenue Bonds. (a) Abatement Account. Proceeds of the Abatement Bonds, less the appropriations made in Section 4.01(a) hereof, together with any other funds appropriated for the Abatement Project, will be deposited in the Abatement Account of the Construction Fund to be used solely to defray expenses of the acquisition of the Abatement Project. When the Abatement Project has been acquired and the cost thereof paid, the Abatement Account of the Fund is to be closed and any CR100-25-852935.v2 g funds remaining may be deposited in the Abatement Account of the Debt Service Fund or otherwise used in accordance with Minnesota Statutes, Section 475.65. (b) Utility Improvements Account. Proceeds of the Utility Revenue Bonds, less the appropriations made in Section 4.01(b) hereof, will be deposited in the Utility Improvements Account of the Construction Fund to be used solely to defray expenses of the Utility Improvements. When the Utility Improvements are completed and the cost thereof paid, the Utility Improvements Account of the Construction Fund is to be closed and any funds remaining may be deposited in the Utility Improvements Account of the Debt Service Fund or otherwise used in accordance with Minnesota. Statutes, Section 475.65. 4.03. City Covenants with Respect to the Utility Revenue Bonds. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The City will continue to maintain and efficiently operate the water system as a public utility and convenience free from competition of other like municipal utilities and will cause all revenues therefrom to be deposited in a bank account and credited to the Water Fund, as hereinabove provided, and will make no expenditures from that account except for a duly authorized purpose and in accordance with this resolution. (b) The City will also maintain the Utility Improvements Account of the Debt Service Fund as a separate account and will cause money to be credited thereto from time to time, out of Net Revenues from the water system in sums sufficient to pay principal of and interest on the Utility Revenue Bonds when due. (c) The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the water system and which will be open to inspection and copying by any Bondholder, or the Bondholder's agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all Bondholders upon request. (d) The City Council will cause persons handling revenues of the water system to be bonded in reasonable amounts for the protection of the City and the Bondholders and will cause the funds collected on account of the operations of such system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) The City Council will keep the water system insured at all times against loss by fire, tornado and other. risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) The City and each and all of its officers will punctually perform all duties with reference to the water system as required by law. (g) The City will impose and collect charges of the nature authorized by Section 444.075 of the Act, at the times and in the amounts required to produce Net Revenues adequate to pay all principal and interest when due on the Utility Revenue Bonds and to create and maintain such reserves securing said payments as may be provided herein. CR100-25-852935.v2 9 (h) The City Council will levy general ad valorem taxes on all taxable property in the City when required to meet any deficiency in Net Revenues. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. 4.05. Pledge of Tax Levy. For the purpose of paying all or a portion of the interest on the Abatement Bonds, there is levied a direct annual irrepealable ad valorem tax (the "Taxes") upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes will be credited to the Abatement Account of the Debt Service Fund above provided and will be in the years and amounts as attached hereto as EXHIBIT C. The tax levy herein provided will be irrepealable until all of the Abatement Bonds are paid, provided that the City Administrator may annually, at the time the City makes its tax levies, certify to the County Auditor (as hereinafter defined) of the County the amount available in the Abatement Account of the Debt Service Fund to pay principal and interest due during the ensuing year on the Abatement Bonds, and the County Auditor A the County will thereupon reduce the levy collectible during such year by the amount so certified. 4.06. Certification to County Auditor/Treasurer as to Debt Service Fund Amount. It is hereby determined that the estimated collection of the foregoing Taxes levied and the Abatements herein pledged will produce at least 5% in excess of the amount needed to pay when due, the principal and interest payments on the Abatement Bonds and the Net Revenues herein pledged will produce at least 5% in excess of the amount needed to pay when due the principal and interest payments on the Utility Improvement Bonds, 4.07. Filing of Resolution. The City Administrator is authorized and directed to file a certified copy of this resolution with the County Auditor/Treasurer and to obtain the certificate required by Section 475.63 of the Act. 4.08. Abatement Pledge. It is determined that the principal amount of the Abatement Bonds does not exceed the estimated sum of the Abatements authorized under the Abatement Resolution. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor and the City Administrator are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. CR100-25-852935.v2 1 � 5.03 . Other Certificates. The Mayor, the Finance Manager and/or the City Administrator, or any of them, are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor and the City Administrator, or any of them, shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the City Administrator shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 5.04. Electronic Si natures. The electronic signature of the Mayor, the Finance Manager, and/or the City Administrator, or any of them, to this resolution and to any certificate authorized to be executed hereunder shall be as valid as an original signature of such party and shall be effective to bind the City thereto. For purposes hereof, (1) "electronic signature" means (a) a manually signed original signature that is then transmitted by electronic means or (b) a signature obtained through DocuSign or Adobe or a similarly digitally auditable signature gathering process; and (11) "transmitted by electronic means" means sent in the form of a facsimile or sent via the internet as a portable document format ("pdf') or other replicating image attached to an electronic mail or internet message. Section 6. Tax Covenants. 6.01. Tax -Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. To that end, the City will comply with all requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Cod 6, including without limitation requirements relating to temporary periods for investments, and limitations on amounts invested at a yield greater than the yield on the Bonds. 6.02. Rebate Required. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Certificates under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Certificates, and the rebate of excess investment earnings to the United States unless the Certificates qualify for an exception to the rebate requirement under the Code and related Treasury Regulations, 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or the Abatement Project or the Utility Improvements financed by the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Not ,ualified T tax-exempt obligations". ax-Exem Obli tions_ The Bonds are not designated as "qualified 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book -Entry System:, Limited Obligation of City. CR100-25-852935.v2 11 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.05 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (1) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (11) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co." will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with CR100-25-852935.v2 12 respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and the City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. Ci . Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 9. Defeasance. When all Bonds (or all of either the Abatement Bonds or Utility Revenue Bonds portion thereof) and all accrued interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution (with respect to the Abatement Bonds or Utility Revenue Bonds portion of the Bonds, as the case may be) to holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds (or all of either the Abatement Bonds or Utility Revenue Bonds portion thereof) which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full or by depositing irrevocably in escrow, with a suitable institution qualified by law as an escrow agent for this purpose, cash or securities which are backed by the full faith and credit of the United States of America, or any other security authorized under Minnesota law for such purpose, bearing interest payable at such times and at such rates and maturing on such dates and in such amounts as shall be required and sufficient, subject to sale and/or reinvestment in like securities, to pay said obligation(s), which may include any interest payment on such Bond and/or principal amount due thereon at a stated maturity (or if irrevocable provision shall have been made for permitted prior redemption of such principal amount, at such earlier redemption date). If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) Approved by the City Council of the City of Corcoran, Minnesota this 13' day of April, 2023 . Acting Mayor ATTEST: City Admi CR100-25-852935.v2 13 The motion for the adoption of the foregoing resolution was duly seconded by Member Councilor Vehrenkamp and upon vote being taken thereon, the following voted in favor thereof: Councilor Schultz, Councilor Vehlull kamp, and Councilor Nichols and the following voted against the same: Acting Mayor Bottema -- Abstained whereupon the resolution was declared duly passed and adopted. CR100-25-852935.v2 14 EXHIBIT A PROPOSALS SECURITIES TABULATION OF BIDS CITY OF CORCORAN, MI��NESOTA $27,125,000� GENERAL OBLIGATION BONDS, SERIES 2023A DATE OF SALE: MOODY' S UNDERLYING RATING BIDDER PIPER SANDLER & CO. Minneapolis, MN ROBERT W. BAIRD & CO., INC Milwaukee, WI RBC CAPITAL MARKETS New York, NY HILLTOPSECURITIES Dallas, TX UBS FINANCIAL SERVICES INC. New York, NY PIPER SANDLER & CO. THURSDAY, APRIL 13, 2023 Aa3 TRUE PURCHASE NET INTEREST PRICE INTEREST COST COST (TIC $28,374,924.94 $17,373,777.84 3.7136051% $28,463,377.34 $17,841,714.33 3.7353677% $27,760,615.80 $17,542,027.60 3.8027313% $28,369,984.05 $18,255,468.73 3.9249316% $28,090,088.90 $18,248,944.43 3.9468801% � Par amount decreased from $27,125,000 to $25,545,000. The adjusted purchase price is $26,734,997.89, plus accrued interest from the date of issue to the date of delivery, and the adjusted TIC is 3.7093 721 %. CR100-25-852935.v2 A-1 No. R-2023-27 EXHIBIT B UNITED STATES OF AMERICA STATE OF SOTA COUNTY OF IHENNEPIN CITY OF CORCORAN GENERAL OBLIGATION BOND Maturi February 1, 20 Registered Owner: Cede & Co. SERIES 2023A Date of Original Issue CUSIP May 11, 2023 218388 The City of Corcoran, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum set forth above on the Maturity date specified above, with interest thereon from the date hereof at the annual Rate specified above (calculated on the basis of a 3 60-day year of twelve 3 0 day months), payable February 1 and August 1 in each year, commencing February 1, 2024, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Northland Trust Services Inc., Minneapolis, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2031, and on any day thereafter to prepay Bonds due on or after February 1, 2032. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The Bonds maturing on February 1, 2048 and February 1, 2053 shall hereinafter be referred to collectively as the "Term Bonds." The principal amount of the Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptionswith any parti , al redemptions of the Term Bonds credited against future mandatory sinking fund redemptions of such Term Bond in such order as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows: CR100-25-852935.v2 B-1 Sinking Fund Installment Date February 1, 2048 Term Bond 2044 2045 2046 2047 2048 * Maturzty Fe y 1, 2053 Term Bond 2049 2050 2051 2052 2053 Principal Amount $850NO 885,000 920,000 955,000 995,000 Principal Amount $1,03 5,000 1,075,000 1,120,000 1,165,000 1,210,000 * Maturity This Bond is one of an issue in the aggregate principal amount of $25,545,000 all of like original issue date and tenor, except as to number, maturity date, interest rate, and redemption privilege, all issued pursuant to a resolution adopted by the City Council on April 13, 2023 (the "Resolution"), for the purpose of providing money to defray the expenses incurred and to be incurred in the undertaking of certain public street and utility improvements and improvements to the water system of the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 444 and 475, as amended, and Minnesota Statutes, Sections 469.1812 through 469.1815, as amended, and the principal hereof and interest hereon are payable in part from abatements collected from certain property in the City, in part from ad valorem taxes, and in part from net revenues of the water system of the City, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in ad valorem taxes and net revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. This Bond is not a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that in and by the Resolution, the City has covenanted and agreed that it will continue to own and operate the water system free from competition by other like municipal utilities; that adequate insurance on said system and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the Water Fund, into which it will pay all of the gross revenues from the water system; that it will also create and maintain a Utility Improvements Account within the General Obligation Bonds, Series 2023A Debt Service Fund, into which it will pay, out of the net revenues from the water system a sum sufficient to pay principal of the Utility Revenue Bonds (as defined in the Resolution) and interest on the Utility Revenue Bonds when due; and that it will provide, by ad valorem tax levies, for any deficiency in required net revenues of the water system. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner CR100-25-852935.v2 B-2 hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory, or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WI�REOF, the City of Corcoran, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: May 11, 2023 Facsimile CITY OF CORCORAN, MINNESOTA acsimile Mayor City Administrator CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. NORTHLAND TRUST SERVICES INC. By Authorized Representative CR100-25-852935.v2 B-3 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Gust) (Minor) under Uniform Gifts or Transfers to Minors Act, State of Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned the hereby irrevocably constitute and appoint on the books kept for registration of the within Bond, Dated: hereby within sells, assigns all rights and transfers unto thereunder, and does attorney to transfer the said Bond with full power of substitution in the premises. Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signatures) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. rom- (Include information for all joint owners if this Bond is held by joint account.) CR100-25-852935.v2 B-4 Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration May 11, 2023 Registered Owner Cede & Co. Federal ID # 13-2555119 Signature of Registrar CR100-25-852935.v2 B-5 STATEMENT of INSURANCE Build America Mutual Assurance CompanyNew York, New York, has delivered its municipal bond insurance policy (the "Policy") with respect to the scheduled payments due of principal of and interest on this Bond to Northland Trust Services Inc., Minneapolis, Minnesota, or its successor, as paying agent for the Bonds (the "Paying Agent"). Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from BAM or the Paying Agent. All payments required to be made under the Policy shall be made in accordance with the provisions thereof. By its purchase of these Bonds, the owner acknowledges and consents (i) to the subrogation and all other rights of BAM as more fully set forth in the Policy and (11) that upon the occurrence and continuance of a default or an event of default under the Resolution or this Bond, BAM shall be deemed to be the sole owner of the Bonds for all purposes and shall be entitled to control and direct the enforcement of all rights and remedies granted to the owners of the Bonds or the trustee, paying agent, registrar or similar agent for the benefit of such owners under the Resolution, at law or in equity. CR100-25-852935.v2 B-6 TAX LEVY SCHEDULE Tax Levv fog Abatement Bonds Less: Abatement Levy Collection Date Total PA CIF 105% Levy Levy Net Levy Year Year 02/Ol/2024 02/01/2025 O2/01/2026 02/01/2027 02/01/2028 02/O1/2029 02/01/2030 02/01/2031 02/01/2032 02/01/2033 02/Ol/2034 02/01 /203 5 02/01/2036 02/01/2037 02/01 /203 8 02/01/2039 Total 1235555 3,. 355,800.00 351,550.00 357,050.00 356,800.00 356,050.00 354,800.00 358,050.00 355,550.00 357J50.00 353,800.00 322,400.00 321,800.00 320,800.00 324.400.00 322,400.00 $5 ,292,155.55 12335555) - 373,590.00 185,000.00 188,590.00 2023 2024 369,127.50 190,000.00 179,127.50 2024 2025 374,902.50 205,000.00 1695902050 2025 2026 374 640 00 215,000.00 159 640.00 2026 2027 373,852.50 2251000600 148,852.50 2027 2028 3725540.00 235,000.00 137,540.00 2028 2029 375,952.50 250,000.00 125,952.50 2029 2030 373,327.50 26000.00 113,327.50 2030 2031 - 3753427.5-0...mmm 2757000000 100,427.50 2031 2032 ................................ --- --- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- - 371,490.00 285,000.00 86,490.00 2032 2033 338,520.00 265,000.00 73,520.00 2033 2034 3375890600 275,000.00 62,890000 2034 2035 336,840.00 2855000.00 515840000 2035 2036 34020.00 30000.00 4M20.00 2036 2037 - 338,520.00 310,000.00 28,520.00 2037 2038 (123,355.55) $5,427,240.00 $3,760,Ann .fin $1,667,240.00 CR100-25-852935.v2 INSURER PROVISIONS E�.HIBIT A GENERAL TRAM\ SA,C'TION DOCLTl�IE'T PROVISION S 1. Natice gild C}ther I11fal7n1at10I1 to L)e gl�'ell to BA�'I. Tlie Isstlel «all provide BA1��I «rlth all notices and other information 1t 1s obligated to provide (1) under its Continuing Disclosure Agreement and (ii) to the holders of the Bonds or the Trustee tinder the Security Documents. The llatice ac1d1'ess of B��T ls: $tlllcl .�111e11Ca i�'itltllal .�sstll'a11Ce C�Oull)ally, 200 L1be1'ty Street, 2 7th Floor, New York, NTY 102 81. Attention: Stuveillance, Re: Policy No . Telephone: (212) � �5-2500. Telecopier: (212) 962-1710, Enlall: IloticesC( bt111dailienca.ca111. Ili each case In willich notice or other coniniunlcation refers to aii event of default or a Clain on the Policy, then a copy of such notice or other Connmunicatlall shall also be sent to the attention of the General Counsel at the same address and at claims gbuildamerica. com or at Telecopler: (212) 962-151~4 and shall be larked to indicate "URGENT XIATERIAL ENCLOSED.14 2. .�111endmentS. Sttp�lerllelnts and C'alnselnts. a. Consents and Amendments. NAilenever any Security Document requires the consent of Bondholders. BAM's consent shall also be required. Ill addition. array amendment. supplement or modification to the Security Documents that adversely affect the rights or interests of BA1\-1 shall be subject to the prior written consent of BAM. b. Control Rights oB.1111 Upon D fiai lt. An rthlna iln any Security Document to the contrary nomutitlistanding. upon the occurrence and colltllntlallce of a default or an event of default. BAIVI shall be deemed to be the sale holder of the Bonds for all purposes and shall be entitled to control and direct the enforcement of all rights and remedies granted to the holders of the Bonds or the trustee, paying went. registrar, or similar anent (tine "Trustee") for the benefit of such holders under any Security Docu nlent. The Trustee may not waive any default or event of default or accelerate the Bonds without BAM's written consent. �. BAIi As Third Party Beneficiai�� BAl��I is explicitly recognized as gild shall be deellled to be a tliird-pal-tyr belneficial-yr of the Security Dacumelnts and may enforce any right, relnledyj or claim conferred. given or anted thereunder. =I. Policy Pa�7lnellts . a. In the event that pl�rlcipal alndfor interest due on the Bonds shall be paid by BA�•1 pursuant to the Policy, the Bonds shall remain outstanding for all purposes. not be defeased or otherwise satisfied and not be considered paid by the Issuer. the assignment alld pledge of the truest estate and all covenants, agreements and other obligations of the Issuer to the registered owners shall continue to exist and shall run to the benefit of BAIVI, and B.AJV1 shall be subrogated to the rights of such registered o«lilers including, without limitation. any rights that such owners may have 111 respect of securities law CR100-25-852935.v2 lolations arislllo.,, irolll tile offer ano sale Of tile Bollds. b. NURVltllstalldllla all rtniq to tile contrary. tile Issuer and tile Trustee shall acrree for the benefit of BA1\11 that: i. They recaallize that to the e tent B. 1 nla es pay111ents directly or 111clile%. Y (e.a., by paying throtlall the Trustee). oil account of principal of or interest oil the Bonds. B.A. 4 will be subrogated to the rights of such holders to receive the amount of Stich principal and interest from tile Issuer. with Interest thereon. as provided and solely froin the Sources Stated ill the Security Documents and the Bonds: and 11. They «-111 aCCO1dlllaly l)ay to BA�1 the aI11a1111C of such pl'111C1pa1 anti iiltel'est. with interest thereon. but only front the sources and ill tile manner provided ni the Security- Documents and the Bonds for the payrment of principal of and interest oil tile Bonds to holders, and will othelwxvlse treat BALM as the owner of S11C11 r ialltS to the alllotllit of sticll pr1llClpal and lllterest. c. S�ecicrl Pf•o�•isiarrs�for• I»srn•er .I�ef�rrrlt: it` all Iilstuer Default shall acctu and be co11t111t11na. then. IIo1w1t11stalltlllla allytllilla ill paraal apil 2 above to the contrary, (1) 1fK at ally time prior to or following all Insurer Default. B_14 has made pay7nient tinder the Policy. to the extent of sticll payment BAM shall be treated like ally other holder of the Bollds for all purposes. including giving of Consents. and (2) if BAM has not made any payillent tinder the Policy. BA1\-I shall have no further consent nallts until the particular Illstirer Default is no longer cont11111111a or BAN41 illakeS a payment tinder the Policy. ill «�hich event, the foregoilla clause (1) shall control. For purposes of this paragraph (1c)..`Insurer Defaultmeans: (A) B.AA.1 has failed to make any payillellt tinder the Policy when due and owing in accordance with its terms: or (B) BAM shall (1) Voluntarily commence any proceedilla or file ally petition see%lna` relief tinder the tJnited States Bankruptcy Code or ally other Federal, state or foreign bankruptcy. llllllar late. (11) CO11Sent t0 the institution Of or to controvert Ill a lllsolvency or s timely and appropriate manner, ally Stich proceedlna or the filing of ally Stich petition. (iii) apply for or consent to the appointment of a receiver. trustee, custodian, seguestrator or similar official for Stich party or for a substantial part of its property. (iv) file all answer adlllittilla the material alleaatiolls of a petition filed aaaillst it ill ally sticll proceed' g. (v) ma e a general assignment for the benefit Of Creditors, or(vi) take action for the purpose of effectilla any of tile foreaaina: or (C) any state or federal agency of instrumentality shall order the suspension of payments all tile Policy or shall obtalll all order or giant approval for the rehabilitation. liquidation, conservatioli or Insurance Law).dissolution of BAM(Including w*thout limitation trifler the New York CR100-25-852935.v2 � . De1illltlolIS "BI�11%2" slldll 111C(I11 Build _AI11eI'1Cd i\Itltttdl 4`sstilcillCe C'c}llllJ IIN'. of d11y' StiCCessol' tlleleto. "Police" 311��11 llle�ll the the sc11ec1tileCl 1����-I11e11T �Itlllicil���l ot� pruicipal Bollcl II1suI'��llce Police- i��uecl ��� B:��I tllat of and interest on the Bonds when due. �ti�r�lltee "SeCti1'lt�' DoCt1111e11tSsll��ll llle�ll the 1'esoltitloll. ti11SY �i�l'ee111e11T. ol'C�1I1�11Ce. la�ll �l,ree111e11t. bo11C1. note and or ally additional or supplement�A document electited ill Co1111eCT101] �q;'ltll the Bc\11As. CR100-25-852935.v2 STATE OF MINNESOTA COUNTY OF HEN NEPIN CERTIFICATE OF COUNTY AU DITOR/TREASURER AS TO TAX LEVY AND REGISTRATION I, the undersigned County Auditor/Treasurer %J Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Corcoran, Minnesota (the "City"), on April 13, 2023, levying taxes for the payment of the City's General Obligation Bonds, Series 2023A, issued in the original aggregate principal amount of $25I/5 00 dated as of May 111/ 20230/ has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. wITNES S My hand and official seal this (SEAL) day of 2023. County Auditor/Treasurer Hennepin County, Minnesota Deputy County Auditor CR100-25-852935.v2 Piper Sandler & Co -Minneapolis , Mims Bid Corcoran $27,125,000 General Obligation Bonds, Series 2023A For the aggregate principal amount of $27,125,000.00, we will pay you $28,374,924.94, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate(s): Maturity Date Amount $Coupon % Yield %Dollar Price 02/01 /2024 675M 5.0000 "12.3300 101.897 02/01 /2025 635M 5.0000 12.2300 104.651 02/01 /2026 655M 5.0000 2.150Q 107.493 02/01 /2027 680M 5.0000 J 1200 110,252 02/01 /2028 705M 5.0000 2.1300 112.825 02/01/2029 735M 5.0000 2.1400 115.322 02/01/2030 755M 5.0000 2.1400 117.814 02/01/2031 780M 5.000Q 218001 119.939 { 32/01 /2032 81 QM 5.0000 2.2200 119.625 02/01 /2033 845M 5.0000 2.2600 i 1190312 02/01 /2034 875M 4.0000 2.6900 ; 109 s 076 02/01/2035 875M 4.0000 2.8500 1 107.917 02/01 /2036 915M 4.0000 ' 3.0600 _ 106.417 02/01 /2037 955M 4.0000 3.2400 F 105.151 02/01 /2038 995M 4.0000 3.3500 104,386 02/01 /2039 1,040M 4.QQ00 ,14100 103.971 02/01 /2040 735M 4.0000 3.5200 103.216 02/01 /2041 770M 4.000Q 3.5700 102.875 02/01 /2042 805M. .�� 4.0000 � 3.6200 102.535 02/01 /2043 845M 4.0000 3.6900 1029062 02/01 /2044 02/01 /2045 02/01 /2046 02/01 /2047 02/01 /2048 41865M 4. 0000 3.9000 100.656 02/01 /2049 02/01 /2050 02/01 /2051 02/01 /2052 02/01 /2053 61175M 4.0000 4.0000 100.000 Total Interest Cost: $18,623, 702.78 Premium: $1,249,924094 Net Interest Cost: $17, 373, 777.84 TIC: 36713605 Time Last Bid Received Qn:04/13/2023 9:59:47 CDST This bid is a firm oner.for the repute the bid farm and the Notice of Sale, and is not subject to any conditions, except Sale. By submitting this bid, we confirm that we have an established industry re issuances of municipal bonds. Issuer Name: City of Corcoran, MN Company Nami Accepted By: Accepted By: Date: April 1;,, Accepted By: Date: April 13, 2023 purchase of the Bonds identified in the Notice of Sale, on the terms set forth in as permitted by the Notice of for underwriting new