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No. 2225 amended and restated authorizing the issuance of COSB redevelopment district adjustable rate demand tax increment revenue bonds (series 2006 Erskine Commons Project) and other related matters
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No. 2225 amended and restated authorizing the issuance of COSB redevelopment district adjustable rate demand tax increment revenue bonds (series 2006 Erskine Commons Project) and other related matters
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reasonably incurred in connection with the redevelopment and economic development of the <br />Allocation Area, including the total cost of all reasonable and necessary architectural, <br />engineering, legal, financing, accounting, advertising, bond discount and supervisory expenses, <br />capitalized interest and a debt service reserve for the Bonds as provided herein, together with the <br />expenses in connection with or on account of the issuance of the Bonds therefor. <br />The Bonds shall not constitute a corporate obligation or indebtedness of the City, <br />but shall constitute an obligation of the Redevelopment District. The Bonds, together with <br />interest thereon, shall be payable solely from Project Tax Increment Revenues, allocated and <br />deposited, as required by Ind. Code § 36- 7- 14 -26, in the Allocation Fund established hereunder <br />and, to the extent such Project TIF Revenues are insufficient, from payments from the Developer <br />pursuant to the agreement to be entered into pursuant to Section 9 hereof. <br />The Bonds shall be issued in fully registered Bonds in denominations of One <br />Hundred Thousand Dollars ($100,000), or integral multiples of Five Thousand Dollars ($5,000) <br />in excess thereof, not exceeding the aggregate principal amount of Bonds maturing in any one <br />(1) year and shall be numbered consecutively as set forth in the Trust Indenture. The Bonds shall <br />be payable and mature as provided for in the Trust Indenture; but in no event shall the term of <br />the Bonds exceed twenty (20) years (it being understood the Commission and the Developer <br />have agreed to an additional five (5) year Recovery Period (as defined in the Development <br />Agreement) whereby the Commission may reimburse the Developer as set forth herein and in the <br />Development Agreement but that such Recovery Period shall not affect the term of the Bonds). <br />The Bonds shall bear interest at a rate not to exceed eight percent (8.0 %) per annum. The Bonds <br />shall be subject to mandatory and optional redemption or tender as provided in the Trust <br />Indenture and the Bonds. The Bonds shall bear an original date which shall be the date upon <br />which the Bonds are to be delivered and each Bond shall also bear the date of its authentication. <br />The principal of, premium, if any, and interest on the Bonds shall be payable at the principal <br />office of the Trustee or at such times and locations as set forth in the Trust Indenture. <br />The Mayor of the City (the "Mayor ") and the Controller are hereby authorized and <br />directed to execute and attest, respectively, and to deliver the Bonds and any other document <br />which may be necessary or desirable to consummate the issuance of the Bonds. The signatures <br />of the Mayor and the Controller on the Bonds may be a true and authentic signature or a <br />facsimile thereof. The Commission hereby approves the Bond Form, in substantially the form <br />presented to the Commission with such changes as the Mayor and the Controller approve in their <br />sole discretion, such approval to be conclusively evidenced by such execution and attestation. In <br />case any officer whose signature or a facsimile thereof shall appear on the Bonds shall cease to be <br />such officer before the issuance and delivery of the Bonds, such signature or facsimile thereof shall <br />nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until <br />after that time. The Controller is authorized to arrange for the delivery of such Bonds to the <br />purchaser, payment for which shall be made in the manner set forth in the Purchase Agreement <br />(as defined herein). <br />Notwithstanding anything herein to the contrary, the Bonds shall, in compliance <br />with all applicable laws, be initially issued and held in book -entry form and registered in the <br />name of Cede & Co., as nominee for The Depository Trust Company without physical <br />BDDB01 33020840 - 5 - <br />
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