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1994-06-21 Minutes
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1994-06-21 Minutes
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Indenture <br />• THE FOLLOWING IS A SUORT~TO BE A COMPREHENSIVE DESCRIPT ON AND IS QUALIFIED <br />THIS SUMMARY DOES NOT PURP <br />IN ITS ENTIRETY BY REFERENCE TO THE INDENTURE. <br />[TO BE PROVIDED] <br />LEASE <br />THE FOLLOWING IS A SUMMARY OF CERTAIN PROVISIONS CONTAINED IN THE LEASE. <br />THIS SUMMARY DOES NOT PURPORT TO BE A COMPREHENSIVE DESCRIPTION AND IS QUALIFIED <br />IN TTS ENTIRETY BY REFERENCE TO THE LEASE. <br />General <br />In the Lease, the Authority leases to the Commission, as lessee (the "Lessee") two different facilities, the <br />Project, and an existing civic, convention and exhibition center known as the Century Center Complex. Only the <br />.lease rentals payable with respect to the Hall of .Fame Portion of the facilities (such real property and improvements <br />are referred to herein as the "Leased Premises") constitute Pledged Funds under the Indenture. The description of <br />the Lease herein refers only to such Leased Premises. <br />Lease rentals are payable from special ad valorem property taxes to be levied on all taxable property m <br />the Redevelopment District, which is coterminous with the geographical boundaries of the City. The Commission <br />is obligated by statute, and has covenanted by resolution, to make the annual tax levy to pay the lease rentals to the <br />extent other funds of the Commission set aside for such purpose are insufficient to pay the lease rentals. The <br />• Commission intends to pay such lease rentals from certain revenues received from the operation of the Project and <br />surplus tax increment revenues received from the South Bend Central Development Area, to the extent such <br />revenues are available. The amount of such revenues which are set aside as of each July 31 to pay lease rentals <br />under the Lease during July of the following year and January of the next following year, the amount held in the <br />Reserve Fund not otherwise obligated to pay debt service on the Bonds, and certain other funds of the Authority <br />on hand and available to pay debt service on the Bonds (including capitalized interest) or for which the Commission <br />receives credit against the lease rentals which are due, will reduce the amount of taxes levied each year to pay those <br />lease rentals. The effect of this procedure is that property tax revenues on hand or to be levied, other revenues of <br />the Commission on hand, and the unobligated amounts held in the Reserve Fund and such other funds. of Authority <br />are scheduled to be sufficient as of each July 31 to allow the Commission to pay the next three lease rental payments <br />under the Lease. <br />The property tax levy to pay the lease rentals is not subject to Indiana budgetary limitations. The levy is <br />reviewable by the other bodies, including the State Board of Tax Commissioners, vested by Indiana law with the <br />authority to ascertain that the levy is sufficient, together with other available amounts, to make the lease rental <br />payments, in the same manner that general obligation bond levies are subject to review. By resolution, the <br />Commission has established a special account into which taxes so levied are to be deposited, and has pledged such <br />account for the purpose of paying the lease rentals. In the event of delayed billing; collection, or distribution of <br />property taxes, sufficient funds may not be available to the Commission to make lease rental payments when due. <br />Term <br />The term of the Lease is twenty-four (24) years, beginning on the day the Leased Premises are complete <br />and ready for use. <br />• <br />C-1 <br />
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