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'r `% <br />RESOLUTION NO. 1988 <br />A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT <br />COMMISSION PLEDGING CERTAIN TAX INCREMENT <br />REVENUES TO THE PAYMENT OF THE CITY OF SOUTH BEND, <br />INDIANA, ECONOMIC DEVELOPMENT REVENUE BONDS OF 2003, <br />TOGETHER WITH INTEREST THEREON <br />(THE KITE CAPITAL, LLC PROJECT) <br />WHEREAS, the South Bend Redevelopment Commission (the "Commission ") has <br />previously entered into a Development Agreement (the "Agreement "), with the City of South <br />Bend, Indiana (the "City ") and Kite Capital, LLC (the "Company "), pursuant to which the <br />Company has agreed to construct a 450,000 - 500,000 square foot retail power center having a <br />village concept to be known as 'Erskine Village" (the "Project ") on the site of the current <br />Scottsdale Mall in the City (the "Site ") and pursuant to which the City and the Commission have <br />agreed to provide certain economic incentives to facilitate the Project; and <br />WHEREAS, the Commission has previously designated and declared an area in the City <br />known as the South Side Development Area (the "Area ") to be a redevelopment area, which <br />Area includes the Site, and has designated the Area as an allocation area and established an <br />allocation fund (the "Allocation Fund ") for purposes of tax increment financing; and <br />ILWHEREAS, the City intends to issue bonds pursuant to I.C. 36 -7 -11.9 and 12 to be <br />known as the "City of South Bend, Indiana, Economic Development Revenue Bonds of 2003 <br />(Kite Capital, LLC Project)" (the 'Bonds "), the proceeds of which are to be used to finance a <br />portion of the costs of the Project consisting of the demolition of the former Montgomery Ward <br />store and automotive service center and the construction of a discount department store <br />consisting of approximately 123,680 square feet on a portion of the Site and the costs of issuance; <br />and <br />WHEREAS, the Commission anticipates that the City will loan the proceeds of the <br />Bonds to the Company pursuant to a loan agreement to be entered into by and between the City <br />and the Company; and <br />WHEREAS, the Commission anticipates that sufficient funds will be available to the <br />Commission to pay the principal of and interest on the Bonds with such funds being derived <br />from the tax increment revenues allocated to the Commission and resulting solely from the <br />increase in the assessed value of real property which comprises the Site and improvements <br />thereon (the "Project Tax Increment Revenues "); and <br />WHEREAS, the Commission desires to pledge such Project Tax Increment Revenues to <br />pay the principal of and interest on the Bonds; and <br />IL <br />