CCR1988185c
1)
COMMON COUNCIL - CITY OF MUSKEGO
ESOLUTION #185-88
RESOLUTION AUTHORIZING
AMENDMENTS
WITH RESPECT TO
INDUSTRIAL DEVELOPMENT REVENUE BOND
(JAMES J. BUTH AND PETER T. GEISS PARTNERSHIP - MEDICAL
ASSOCIATES OF MUSKEGO, LTD. PROJECT) SERIES 1982
WHEREAS, on July 13, 1982, the City of Muskego, Wisconsin
amount Industrial Development Revenue Bond (James J. Buth and
(the "Issuer") issued and sold a $315,000 aggregate principal
Project) Series 1982 (the "Series 1982 Bonds") to finance costs
Peter T. Geiss Partnership - Medical Associates of Muskego, Ltd.
of constructing and equipping a medical clinic facility (the
Muskego, Ltd., a Wisconsin corporation (the "Lessee"); and
"Project") to be leased to and used by Medical Associates of
WHEREAS, in connection with the issuance of the Series 1982
Bond (a) James J. Buth and Peter T. Geiss Partnership, a
Wisconsin general partnership of which James J. Buth and Peter T.
Geiss are presently all the general partners (the "Company"), the
Agreement dated as of June 1, 1982, with respect to the Project
Lessee and the Issuer entered into a Mortgage, Loan and Security
assigned and the payments thereunder pledged to Independence
(the "Revenue Agreement") and (b) the Revenue Agreement was
Bank, Waukesha N.A. (which has been subsequently succeeded by
Bank One Wisconsin Trust Company, National Association) as
Trustee (referred to herein, together with any successor trustee,
as the "Trustee") pursuant to an Indenture of Trust between the
Issuer and the Trustee dated as of June 1, 1982 (the
Bond: and
"Indenture"), all as security for payment of the Series 1982
WHEREAS, the Company and Peter T. Geiss ("Geiss") have
substitute Geiss for the Company as a borrower under the Revenue
requested amendments to the Revenue Agreement and Indenture to
Agreement and the changes requested by the Company and Geiss are
necessary and desirable to fulfill the purposes of Wis. Stats.
Section 66.521; and
herewith submitted to this Governing Body a form of
WHEREAS, the Company and Geiss have caused to be prepared and
First Amendment to Mortgage, Loan and Security Agreement
and Indenture of Trust (annexed hereto as Exhibit A,
as the "Amendment").
incorporated herein by reference and referred to herein
NOW, THEREFORE, BE IT RESOLVED BY THIS COMMON COUNCIL THAT:
Subject to such changes or revisions therein as counsel for r'\ the Issuer may approve, the Amendment in substantially the form
submitted is hereby approved. The Mayor and City Clerk-
Comptroller or persons authorized by law to sign on their behalf,
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are authorized on behalf of the Issuer to execute and deliver the
Amendment. Said Mayor and City Clerk-Comptroller and persons c
authorized by law to sign on their behalf and other officials of
the Issuer are hereby authorized to prepare and to execute, file
and deliver, as appropriate, all such documents, financing
statements, certificate-s.and other instruments as may be required
by this resolution or deemed necessary by said officials or by
the Issuer‘s counsel to accomplish the changes envisioned hereby
including, without limitation an amendment to assignment of
lease.
Adopted Aasust a3 , 1988.
n
CiH Clerk-Compttoller v Approved A UOU ST a3 , 1988.
Mayof
MUF/193/14446002
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