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1988- 06-14 Minutes
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1988- 06-14 Minutes
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R ~ s <br />Each bid must be on the form approved by the Authority, without additions, alterations <br />or erasures. Each bid must be accompanied by anon-collusion affidavit of the bidder on <br />• the form approved by the Authority to the effect that such bidder has not entered into <br />any combination, collusion or agreement .with any other person relative to the interest <br />rate or price to be bid by anyone, nor to prevent any person from bidding, nor to induce <br />anyone to refrain from bidding, and that his bid is made without reference to any other <br />bid and without any agreement, understanding or combination with any other person in <br />reference to such bidding. <br />The successful bidder will be required to make payment for the bonds in Federal <br />Reserve or other immediately available funds and accept delivery of the bonds within <br />five (5) days after being notified that the bonds .are ready for delivery, at a bank <br />designated by the Authority. Any premium bid and accrued interest must be paid at the <br />time of delivery as a part of the purchase price for the bonds. The bonds will be ready <br />for delivery within forty-five (45) days after the date on which the award is made, and <br />if not deliverable within that period, the successful bidder shall be entitled to rescind <br />the sale and his good faith deposit will be returned. Any notice of rescission must be in <br />writing. <br />It is anticipated that CUSIP identification numbers will be printed on the bonds, but <br />neither the failure to print such numbers on any bonds nor any error with respect <br />thereto shall constitute cause for a failure or refusal by the successful bidder to accept <br />delivery of and pay for the bonds. <br />INTEREST ON THE BONDS IS NOT EXCLUDABLE FROM GROSS INCOME OF THE <br />OWNERS THEREOF FOR FEDERAL TAX PURPOSES UNDER SECTION 103 OF THE <br />INTERNAL REVENUE CODE OF 1986, AS AMENDED. <br />. At the time of delivery of the bonds the approving opinion of Baker & Daniels, bond <br />counsel, of Indianapolis, Indiana, as to the validity of the bonds, together with a <br />transcript. of bond proceedings, the printed bonds with such. legal opinion printed <br />thereon, and closing certificates in the customary form showing no litigation, will be <br />furnished to the successful bidder at the expense of the Authority. In addition, unless <br />bond counsel is able, on the date of delivery, to render an opinion to the effect that, <br />under existing law the bonds, the interest thereon, the proceeds received by the holder <br />from the sale of said bonds to the extent of the holder's cost of acquisition, or proceeds <br />received upon redemption prior to maturity, or proceeds received at maturity, and the <br />receipt of such interest and proceeds are all exempt from all present lndiana taxes, <br />except the Indiana inheritance tax, the successful bidder shall have the right to rescind <br />the sale, and in such event his good faith deposit will be returned. <br />The Authority was organized, in compliance with IC 36 7-14.5, for the purpose of <br />financing local public improvements, including the stadium facility, for lease to the <br />South Bend Redevelopment Commission (the "Commission"). All actions have been <br />taken in compliance with the provisions of IC 36 7-14 and IC 36 7-14.5. The bonds will <br />be secured by the Trust Agreement., and the bonds will be issued pursuant to the terms <br />and .provisions of said Trust Agreement and a resolution of the Authority entitled <br />"Resolution of the South Bend Redevelopment Authority Authorizing the Issuance of the <br />South Bend Redevelopment Authority Lease Rental Revenue Bonds (Coveleski Stadium <br />Project)" (the "Bond Resolution"). <br />The property referred to in the Trust Agreement has been leased for a period of nine- <br />and-one-half (9'h) years to the Commission at an annual rental of $1,000,000. The first <br />. semi-annual rental installment in the amount of Five Hundred Thousand Dollars <br />($500,000) shall be due on February 28, 1989. Thereafter, such rentals shall be payable <br />in advance in semi-annual installments of Five Hundred Thousand Dollars ($500,000) on <br />
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