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Resolution 4492 - Notice of PH - Amendment of Industrial Revenue Note for Kalispell Center Mall9 7 RESOLUTION NO. 4 4 9 2 RESOLUTION RELATING TO THE PROPOSED AMENDMENT OF . TERMS OF THE INDUSTRIAL DEVELOPMENT REVENUE NOTE (KALISPELL CENTER LIMITED PARTNERSHIP PROJECT) OF THE CITY; CALLING FOR A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Kalispell, Montana (the "City"), as follows: Section 1. Recitals 1.1. Pursuant to Montana Code Annotated, Title 90, Chapter 5, Part 1, as amended (the "Act"), the City issued its $10,000,000 Industrial Development Revenue Note (Kalispell Center Limited Partnership Project) (the "Note"), on December 17, 1984, on behalf of Kalispell Center Limited Partnership, a Washington limited partnership (the "Original Borrower"), in order to finance the acquisition of certain land in the City and the acquisition, construction and equipping thereon of an approximately 171,000 square foot commercial shopping mall, a 134-room motor inn, restaurant, cocktail lounge, banquet facility and related facilities (collectively, the "Project'). The Project is located in an area bounded by Main Street on the east, Center Street on the south, Railroad Street on the north and Fifth Avenue West on the west in the City. The Project is currently owned by Cavanaughs Hospitality Limited Partnership, a Delaware limited partnership and successor to the Original Borrower (the `Borrower"). 1.2. The Borrower and Washington Trust Bank, holder of the Note, outstanding as of the date hereof in the approximate principal amount of $7,027,917, have proposed that the terms of the Note be amended to fix and, initially reduce, the interest rate thereon and to eliminate provisions of the Note that require its purchase from the holder by the Borrower. In order to effectuate the proposed changes, the City would issue an amended and restated note embodying the proposed changes in exchange for the Note. Section 2. Public Hearin 2.1. As required by the internal Revenue Code of 1986, as amended, in order to preserve the tax exemption of interest on the Note, the City Council must approve the proposed amendment of terms of the Note, after conducting a public hearing thereon. A public hearing on the proposal to amend the terms of the Note is hereby called and shall be held on August 16, 1999, at 7:00 p.m., in the City Council Chamber Room, City Hall. The Finance Officer shall cause notice of the public hearing to be published in Daily Inter Lake, the official newspaper of the City -and a newspaper of general circulation in the City, at least once not less than 14 nor more than 30 days prior to the date fixed for the public hearing. The notice to be published shall be in substantially the following form: PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 19TH DAY OF JULY, 1999. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk