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Resolution 99-21 RESOLUTION NO. g9 - [; L (e ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, APPROVING THE RESOLUTION OF THE \VYLIE ECONOMIC DEVELOPMENT CORPORATION TO OBTAIN A LOAN FROM THE AMERICAN NATIONAL BANK OF TEXAS TO FUND DEVELOPMENT OF INFRASTRUCTURE IN AN BUSINESS PARK; AND DECLARING AN EFFECTIVE DATE. \VHEREAS, the Wylie Economic Development Corporation was established by ordinance of the Wylie City Councit'subsequent to an election to impose and assess a one-half sales tax for economic development within the City of Wylie; WHEREAS, one of the purposes for which the Wylie Economic Development Corporation was established is to provide for the creation of jobs and increase the tax base of the City of Wylie; \VHEREAS, the Board of Directors of the Wylie Economic Development Corporation intends to recruit companies to construct facilities within a business park which will provide jobs and increase the tax base (the "Project"); \VHEREAS, The American National Bank of Texas has committed to enter into a Loan Agreement to assist in funding the Project; WHEREAS, there has been presented to the City Council of the City of Wylie resolution of the Wylie Economic Development Corporation providing for the approval of a loan proposal from The American National Bank of Texas (Exhibit "A"), pursuant to which The American National Bank of Texas will lend to the Wylie Economic Development Corporation an amount to be used to fund the Project; and \VHEREAS, Section 25(f) of the Economic Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes, as amended, requires that the governing body of the City of Wylie approve the resolutions of the Wylie Economic Development Corporation providing for the approval of the indebtedness no more than sixty (60) days prior to the execution and delivery of the documents evidencing such debt. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, THAT: Section 1. The City Council of the City of Wylie, Texas approve the resolution of the Board of Directors of the Wylie Economic Development Corporation authorizing the Project and approving a loan from The American National Bank of Texas pursuant to the loan proposal and pledging sales tax money to the repayment of that loan from The Amer/n National Bank of Texas, adopted by the Wylie Economic Development Corporation on -J 0 1.2- , 1999. I Resolution No.~~ - .2..1 (r:) Page 2 Section 2. This resolution was approved by the City Council of the City of Wylie, Collin County, Texas on 10/17- / , 1999, at which meeting a quorum was present and voting. I I ADOPTED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ON THE I z.. DAY OF O:to~~ , 1999. '\ Mondy, Mayor ATTEST: ,."'''':'.'''i:''. ~~:lZ;:t'6F IcJ @ THE AMERICAN NATIONAL BANK OF TEXAS ESTABLISHED /875 July 7,1999 Board of Directors Wylie Economic Development Corporation VIA HAND DELIVERY Gentlemen: Thank you for the opportunity to consider the Wylie Economic Development Corporation's ("Borrower") loan request for the purchase of approximately five acres and improvements located at 404 Hwy. 78, Wylie. We are pleased to advise you that your application for financing has been approved by The American National Bank of Texas ("Lender") subject to the following terms and conditions: Loan Amount: $1,234,409.00 Term: Sixty (60) months Interest Rate: Six and one-half percent (6.5%) fixed for the term of the Note Repayment: Sixty (60) monthly payments of $9,203.00 beginning approximately thirty (30) days after the date of the Note, with payments based on a twenty-year amortization Collateral: Assignment of Sales Tax Revenues and a first lien Deed of Trust and Assignment of Rents covering the real property purchased , - There are a number of other issues relative to closing, funding and servicing of the credit facility described above. These will be specifically addressed in the "Loan Agreemenf' and other germane documents, which you will have the opportunity to review and comment on. All documentation must be approved by The American National Bank of Texas in its sole discretion. It should be noted that while American National Bank is taking a first lien Deed of Trust on the subject property, the bank will not require you to provide an updated appraisal, environmental study, mortgagee's title policy, survey, or certain other items customarily required on commercial real estate loans. This letter of understanding is issued solely for discussion purposes and is not intended to represent or be construed as a binding commitment on behalf of The American National Bank of Texas to make the loan contemplated hereby. No such binding commitment or undertaking shall be deemed made until the conditions set forth herein have been satisfied, the Lender has elected, in its sole discretion, to proceed to make the loan contemplated hereby, the Lender (or its 301 Hwy. 78 75098-3944 P.O. Box 1268 Wylie, Texas 75098-1268 Metro (972) 442-6565 Phone (972) 442-6565 Fax (972) 442-2391 Member FDIC Page 2 Wylie Economic Development Corporation counsel) has prepared loan agreements which have been executed by the Borrower and such other parties as required by the Lender, and which have been returned to the Lender, and the Lender has executed such documents or advanced funds in reliance thereon. This term sheet is effective as of the date of this letter. It shall be considered expired as of the close of business on Friday, July 23, 1999. It is our pleasure to be of service to you, and we look forward to a long relationship. We appreciate your business. Sincerely yours, Accepted: The American National Bank of Texas Wylie Economic Development Corp. ~rir~ cCF Preside Laura McKethan Vice President