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HomeMy WebLinkAbout17- Tax Increment Urban Renewal Revenue Bond, Series 2017 - Northeast Urban Renewal District (SPECIMEN) UNITED STATES OF AMERICA STATE OF MONTANA COUNTY OF GALLATIN CITY OF BOZEMAN TAX INCREMENT URBAN RENEWAL REVENUE BOND, SERIES 2017 (NORTHEAST URBAN RENEWAL DISTRICT) No. R-1 $1,446,000.00 hiterest Rate Final Maturity Date Date of Original Issue 4.10% July 1, 2042 July 20, 2017 REGISTERED HOLDER: Big Sky Western Bank P.O. Box 667 Bozeman, MT 598771-0667 Tax Identification No. 81-0251125 PRINCIPAL AMOUNT: ONE MILLION FOUR HUNDRED FORTY-SIX THOUSAND DOLLARS AND NO/100 FOR VALUE RECEIVED, THE CITY OF BOZEMAN, MONTANA (the "City"), a duly organized municipal corporation, acknowledges itself to be specially indebted and hereby promises to pay in installments over time to the registered holder specified above or registered assigns, solely from the Tax Increment received by the City from Taxable Property in the District which has been pledged and appropriated for the payment hereof as stated below, the principal amount specified above, which will be advanced to the City in two advances, with one advance in the amount of $863,000 made on the date hereof, and a second advance in the amount of $583,000 to be made on July 20, 2018, together with interest on the principal amount advanced from and after the date of each advance at the rate of 4.10% per annum. The principal of and interest on this Series 2017 Bond shall be payable in the amounts and on the respective dates reflected in the Amortization Schedule attached as Schedule I to this Series 2017 Bond. This Series 2017 Bond bears interest on the Outstanding principal amount from the date of original issue specified above, or from such later date to which interest has been paid or duly provided for, until paid or discharged at the rate per annum specified above. [Interest on this Series 2017 Bond shall be calculated on the basis of a year of 360 days composed of twelve 30-day months.] Principal of and interest on this Series 2017 Bond shall be payable by check or draft of the Registrar mailed to the registered owner hereof as such appears in the Bond Register as of the close of business on the 15th day (whether or not a Business Day) of the month immediately preceding each payment date or immediately preceding a redemption date;pro>ided that the final installment of principal (whether at maturity or earlier redemption) shall be drawn on the Registrar only upon presentation and surrender of this Series 2017 Bond at the office of the Registrar. Until a successor may be appointed, the City Treasurer shall serve as Registrar. Principal and interest on this Series 2017 Bond are payable in lawful money of the United States of America. This Series 2017 Bond is a duly authorized issue of the City designated as "Tax Increment Urban Renewal Revenue Bond, Series 2017 (Northeast Urban Renewal District)" (the "Series 2017 Bond") issued and to be issued under Resolution No. 4801, adopted by the City Commission on May 22, 2017 (as amended or supplemented in accordance with the provisions thereof, the "Resolution"), to which Resolution (copies of which are on file with the City) reference is hereby made for a description of the nature and extent of the security, the respective rights thereunder of the registered owner of this Series 2017 Bond and the City and the terms upon which this Series 2017 Bond is issued and delivered. Capitalized terns used herein but not otherwise defined shall have the respective meanings given such terms in the Resolution. This Series 2017 Bond is issued by the City for the purpose of financing a portion of the cost of urban renewal projects within the City of Bozeman Northeast Urban Renewal District (the "District"), thereby assisting activities in the public interest and for the public welfare of the City. This Series 2017 Bond is payable and secured ratably and equally and on a parity with any additional parity Bonds hereafter issued pursuant to the Resolution. This Series 2017 Bond is issued pursuant to and in full compliance with the Constitution and laws of the State of Montana, particularly Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended (the "Act"), and pursuant to the Resolution. This Series 2017 Bond is payable solely from Tax Increment received by the City and resulting from the extension of ad valorem taxes levied by certain Taxing Bodies against the incremental taxable value of Taxable Property within the District pursuant to the Act, except that under certain conditions as described in the Resolution, this Series 2017 Bond may be payable from replacement revenues, if any, provided in the event of the abolition or substantial elimination of property taxation in Montana. This Series 2017 Bond is also payable from amounts available in the Reserve Account, as described more particularly in Section 5.05 of the Resolution. This Series 2017 Bond is not a general obligation of the City and the City's general credit and taxing powers are not pledged to the payment of this Series 2017 Bond or the interest hereon. This Series 2017 Bond shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitations. This Series 2017 Bond shall be subject to redemption at the option of the City, at any time and from time to time, in whole or in part, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the Redemption Date, without premium. The Redemption Date and the principal amount of this Series 2017 Bond to be redeemed shall be fixed by the City who shall give notice thereof to the Registrar at least 45 days prior to the Redemption Date or such lesser period as the Registrar accepts; provided that no such additional notice to the Registrar is required if the Registrar continues to be the City Treasurer. The Registrar, at least 30 days prior to the designated Redemption Date, shall cause notice of redemption to be mailed, by first class mail to the Owner of each Series 2017 Bond to be redeemed at its address as it appears on the Bond Register, but no defect in or failure to give such mailed notice shall affect the validity of proceedings for the redemption of the Series 2017 Bond not affected by such defect or failure. The notice of redemption shall specify the Redemption Date, Redemption Price, and the place at which the Series 2017 Bond, if redeemed and prepaid in full, is to be surrendered for payment. and. if redeemed and prepaid in part, the total principal amount of the Series 2017 Bond to be redeemed and prepaid in part and the principal amounts on each Stated Maturity that comprise the total partial prepayment and redemption amount. Official notice of 2 redemption having been given as aforesaid, the Series 2017 Bond or portion thereof so to be redeemed shall, on the Redemption Date, become due and payable at the Redemption Price therein specified and from and after such date (unless the City shall default in the payment of the Redemption Price) such Series 2017 Bond or portion thereof shall cease to be payable and bear interest. If the Series 2017 Bond is prepaid in part, the then-registered Owner of the Series 2017 Bond will reamortize the principal remaining upon redemption and prepayment as a result of and in accordance with the prepayment notice of the City at the interest rate over the then-remaining term. So long as the Series 2017 Bond is held by one registered owner, upon partial redemption and prepayment there shall be no need to exchange a new bond for the unredeemed portion of the existing bond; provided that the amortization schedule attached hereto as Schedule I shall be replaced by an amortization schedule reflecting the reamortization of the principal then outstanding in the manner described above. The registered owner of this Series 2017 Bond,-shall have no right to enforce the provisions of the Resolution, or to institute action to enforce the covenants therein or take any action with respect to a default under the Resolution or to institute, appear.in or defend any suit or other procedure with respect thereto except as provided in the Resolution. This Series 2017 Bond is a negotiable instrument as provided in the Montana Uniform Commercial Code. As provided in the Resolution and subject to certain limitations set forth therein, this Series 2017 Bond is transferable upon the books of the City at the principal corporate trust office of the Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for another Series 2017 Bond of a like aggregate principal amount, interest rate and maturity. Upon such transfer or exchange, the City will cause a new Series 2017 Bond 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 Registrar may deem and treat the Person in whose name this Series 2017 Bond is registered as the absolute owner hereof, whether this Series 2017 Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. This Series 2017 Bond has been designated by the City as a "qualified tax-exempt obligation"pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Montana and ordinances and resolutions of the City to be done, to exist, to happen and to be performed in order to make this Series 2017 Bond a valid and binding special, limited obligation of the City in accordance with its terms have been done, do exist, have happened and have been performed as so required; that this Series 2017 Bond has been issued by the City in connection with an urban renewal project (as defined in the Act); that the City, in and by the Resolution, has validly made and entered into covenants and agreements with and for the benefit of the registered owners from time to time of all Bonds issued thereunder, including covenants that it will pledge, appropriate and credit the Tax Increment to the Tax Increment Debt Service Account of the City; that Additional Bonds may be issued and made payable from the Tax Increment Debt Service Account on a parity with this Series 2017 Bond upon certain conditions set forth in the Resolution, but no obligation will be otherwise incurred and made payable from Tax Increment, unless the lien thereof shall be expressly made subordinate to the lien of this Series 2017 Bond on the Tax Increment; that all provisions for the security of the registered owners of the Bonds as set forth in the Resolution will be punctually and faithfully performed as therein stipulated; and that the issuance of this Series 2017 Bond does not cause the obligations of the City to exceed any constitutional or statutory limitation of indebtedness. This Series 2017 Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by the manual signature of an authorized representative. 4 IN WITNESS WHEREOF, the City of Bozeman, Montana, by its City Commission, has caused this Series 2017 Bond to be executed by the signatures of the Mayor, Assistant City Manager, and the City Clerk and has caused the official seal of the Borrower to be affixed hereto, and has caused this Bond to be dated as of the 20th day of July, 2017. CITY OF BOZEMAN, MONTANA Mayor (SEAL) Assistant City Manager City Clerk Dated: July 20, 2017 CERTIFICATE OF AUTHENTICATION This Bond is the Tax Increment Urban Renewal Revenue Bond, Series 2017 (Northeast Urban Renewal District) delivered pursuant to the Resolution mentioned within. CITY TREASURER, as Bond Registrar, Transfer Agent and Paying Agent By Authorized Representative 5 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UTMA............Custodian..................... in common (Cust) (Minor) TEN ENT -- as tenants by the entireties under Uniform Gifts to JT TEN -- as joint tenants Minor Act............................................ with right of (State) survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and,all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this assignment OF ASSIGNEE: must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. SIGNATURE GUARANTEED Signature(s)must be guaranteed by an'`eligible guarantor institution'meeting the requirements of the Registrar. which requirements include membership or participation in STAMP or such other"signature guaranty program"as may be determined by the Registrar in addition to or in substitution for STAMP_all in accordance with the Securities Exchange Act of 1934. as amended. 6 SCHEDULEI AMORTIZATION SCHEDULE 4.10% Date ADVANCES Interest Principal Total Payment Balance 07/20/17 863,000.00 863,000.00 O1/01/18 1 15,995.05 30,004.95 46,000.00 832,995.05 07/01/18 2 16,936.04 29,063.96 46,000.00 803,931.09 07/20/18 583,000.00 1,386,931.09 O1/01/19 3 27,421.51 18,578.49 46,000.00 1,368,352.60 07/01/19 4 27,820.67 18,179.33 46,000.00 1,350,173.27 O1/01/20 5 27,906.05 18,093.95 46,000.00 1,332,079.32 07/01/20 6 27,158.40 18,841.60 46,000.00 1,313,237.72 '.. O1/01/21 7 27,068.48 18,931.52 46,000.00 1,294,306.20 '.... 07/O1/21 8 26,315.20 19,684.80 46,000.00 1,274,621.40 01/01/22 9 26,344.50 19,655.50 46,000.00 1,254,965.90 07/01/22 10 25,515.35 20,494.65 46,000.00 1,234,481.25 O1/01/23 11 25,514.871 20,485.13 46,000.00 1,213,996,12 07/O1/23 12 24,682.37 21,317.63 46,000.00 1,192,678.49, 01/O1/24 13 24,650.87 21,349.13 46,000.00 1,171,329.36 07/01/24 14 23,881.04 22,118.96 46,000.00 1,149,210.40 O1/O1/25 15 23,687.55 22,312.45 46,000.00 1,126,897.95 07/01/25 16 22,911.53 23,098.47 46,000.00 1,103,809.48, O1/01/26 17 22,814.08 23,185.92 46,000.00 1,080,623.56. 07/O1/26 18 21,970.71 24,029.29 46,000.00 1,056,59427 01/01/27 19 21,838.21 24,161.79 46,000.00 1,032,432.48 07/01/27 20 20,990A1 25,009.09 46,000.00 1,007,423.39 O11O1128 21 20,821.92 25,178.08 46,000.00 982,245.31 07/O1/28 22 20,026.00 25,974.00 46,000.00 956,271.31 O1/O1/29 23 19,710.69 26,289.31 46,000.00 929,982.00 07/O1/29 24 18,907.94 27,092.06 46,000.00 902,889.94 O1/01/30 25 18,661.37 27,338.63 46,000.00 975,551.31 07/01/30 26 17,801.28 28,198.72 46,000.00 847,352.59 01/O1/31 27 17,513.56 28,496.50 46,000.00 818,866.09 07/O1/31 28 16,648.78 29,351.22 46,000.00 789,514.87 01/O1/32 29 16,318.08 29,681.92 46,000.00 759,832.95 07/01/32 30 15,491.46 30,508.54 46,000.00 729,324.41 O1101/33 31 15,032.85 30,967.15 46,000.00 698,357.26 07/O1/33 32 14,198.66 31,801.34 46,000.00 666,555.92 O1/01/34 33 13,776.71 32,223.29 46,000.00 634,332.63 07/01/34 34 12,896.94 33,103.06 46,000.00 601,229.57 O1/01/35 35 12,426.51 33,573.49 46,000.00 567,656.08 07/01/35 36 11,541.30 34,458.70 46,000.00 533,197.38 O1101/36 37 11,020.39 34,979.61 46,000.00 498,217.77 07/01/36 38 10,157.65 35,842.35 46,000.00 462,375.42 O1/01/37 39 9,530.49 36,469.51 46,000.00 425,905.91 07/O1/37 40 8,659.31 37,340.69 46,000.00 388,565.22 01/01/38 41 8,031.06 37,968.94 46,000.00 350,59628 07/01/38 42 7,128.15 38,871.85 46,000.00 311,724.43 01/01/39 43 6,442.87 39,557.13 46,000.00 272,167.30 07/01/39 44 5,533.57 40,466.43 46,000.00 231,700.87 O1/O1/40 45 4,788.91 41,211.09 46,000.00 190,489.78 07/01/40 46 3,883.70 42,116.30 46,000.00 148,373.48 O1/01/41 47 3,058.28 42,941.72 46,000.00 105,431.76 07/01/41 48 2,143.59 43,856.41 46,000.00 61,575.35 O1/01/42 49 1,272.67 44,727.33 46,000.00 16,848.02 07/O1/42 50 342.55 16,848.02 17,190.57 0.00 TOTALS 1,446,000.001 1825,190.57 1,446,000.00 2,271,190.57 7