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1988- 06-14 Minutes
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1988- 06-14 Minutes
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at the earlier of (a) the exercise of the purchase option and payment of option price, or <br />(b) the payment or defeasance of all obligations of the Authority incurred to finance the <br />Facility, to refund such obligations or refunding obligations, or to improve the Facility. <br />During the term of the lease, the Commission agrees to pay rental for the Facility at <br />the rate of $1,000,000 per year. The first rental installment in the amount of $500,000 <br />will be due on February 28, 1989. Rentals in semiannual installments of $500,000 will <br />be due on February 28 and August 28 of each year. After the sale of the Bonds, the <br />annual rental will be reduced to an amount equal to two times the sum of the multiple <br />of $1,000 next highest to the highest sum of principal and interest due on any bond <br />payment date plus $1,000, payable in equal semiannual installments. <br />The Lease will be known as a Net Lease meaning the rent shall be absolutely net to the <br />Authority and all other expenses in connection with the Facility shall be those of the <br />Commission. The Commission shall be obligated to pay as its expenses, without <br />reimbursement from the Authority, all costs of taxes and assessments, if any, and <br />maintenance and use in connection with the Facility. The Commission, at its own <br />expense, will carry insurance for physical loss or damage, and insurance for public <br />I iabi I i ty and property damage. <br />The Authority grants the Commission the right and option, on any rental payment date, <br />upon 30 days written notice, to purchase the Facility at a price that will enable the <br />Authority to redeem all outstanding Bonds, all premiums payable. at the time of <br />redemption, and accrued and unpaid interest. At .the end of the term of the Lease and <br />the full .discharge of all obligations pertaining thereto, the Authority will convey title <br />of the Facility to the Commission. <br />For greater detail please refer to the actual Lease Agreement provided in Appendix C <br />• of this Official Statement. <br />Summary of Selected Provisions of the Trust Agreement <br />A Trust Agreement was executed on June I, 1988 between the Authority and First <br />Interstate Bank of Northern Indiana, N. A., the Trustee, in which Agreement the <br />Authority pledges and assigns the Lease and the Pledged Funds (as defined in Appendix <br />D of this Official Statement) to the Trustee. The Trust Agreement creates a continuing <br />pledge by the Authority to the bondholders to pay the debt service on all bonds from the <br />Pledged Funds until the principal sum is fully paid. The Authority additionally pledges <br />the lease rentals of the Stadium Facility and pledges to preserve good and indefeasible <br />title to all such property. <br />The Authority covenants to pay all lawful taxes, charges, and assessments levied upon <br />the Facility and to operate and maintain the property in good repair, working order and <br />condition. If the Authority fails to pay any tax assessment or other charge, the Trustee <br />may pay such charges with interest thereon at the highest rate of interest on any of the <br />Bonds when sold, which shall constitute an additional indebtedness of the Authority <br />secured by the lien of the Trust Agreement prior and paramount to the lien of the <br />Bonds. Per the Lease Agreement, the Commission is obligated to pay, as its expenses, <br />all casts of taxes and assessments, and maintenance and use related to the Facility. <br />The Authority covenants to carry insurance on the Facility equal to 100% of the full <br />replacement cost of the Facility and carry value insurance equal to the full rental value <br />of the Facility for two years against physical loss or damage. If the Authority neglects <br />to obtain such insurance, the Trustee may procure such insurance, adding on interest at <br />the highest rate of interest on any of the Bonds when sold, which shall be repaid by the <br />-3 - <br />
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