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6A3 TIF Pledge Resolution No. 3630 -Taxable Econ. Dvlpmnt. Tax Increment (J.C. Hart) - Signed
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6A3 TIF Pledge Resolution No. 3630 -Taxable Econ. Dvlpmnt. Tax Increment (J.C. Hart) - Signed
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2/27/2025 11:04:11 AM
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RESOLUTION NO. 3630 <br />RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION <br />PLEDGING CERTAIN TAX INCREMENT REVENUES TO THE PAYMENT OF <br />CERTAIN TAXABLE ECONOMIC DEVELOPMENT TAX INCREMENT REVENUE <br />BONDS OF THE CITY OF SOUTH BEND FOR THE J.C. HART DEVELOPMENT <br />PROJECT <br />WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the <br />governing body of the City of South Bend, Indiana, Department of Redevelopment (the <br />“Department”) and the Redevelopment District of the City of South Bend, Indiana (the “District”), <br />exists and operates under the provisions of Indiana Code 36-7-14, as amended from time to time <br />(the “Act”); and <br />WHEREAS, the Commission has heretofore adopted a declaratory resolution (as <br />subsequently confirmed and amended from time to time, the “Declaratory Resolution”) <br />designating an area known as the River West Development Area (the “Area”) as an economic <br />development area pursuant to the Act, designating the Area as an allocation area pursuant to <br />Section 39 of the Act (the “Allocation Area”), and approving an economic development plan for <br />the Area (the “Plan”); and <br />WHEREAS, the Commission on January 9, 2025, approved and adopted its Resolution No. <br />3627 for the purpose of making additional amendments to the Area and the Plan including to <br />designate a portion of the Allocation Area as a separate allocation area pursuant to Section 39 of <br />the Act to be known as the Riverwalk Allocation Area (“Riverwalk Allocation Area”) for purposes <br />of capturing ad valorem property taxes levied and collected on all taxable real property from the <br />incremental assessed value located in the Riverwalk Allocation Area (such tax increment revenues, <br />including any future tax increment revenues generated as a result of the redesignation of the <br />Riverwalk Allocation Area, the “Riverwalk Allocation Area TIF Revenues”); and <br />WHEREAS, the Commission and J.C. Hart Company, Inc. (the “Company”), have entered <br />into a Development Agreement, dated as of January 9, 2025 (the “Development Agreement”), <br />whereby the Company agreed that the Company, or an affiliate thereof will undertake the <br />development and construction of 2 buildings housing approximately 291 apartments and an <br />approximately 398-space structured garage to be located in Riverwalk Allocation Area (the <br />“Project”); and <br />WHEREAS, the City is considering the issuance of its City of South Bend, Indiana, <br />Taxable Economic Development Tax Increment Revenue Bonds, Series 2025 (J.C. Hart <br />Development Project), in a maximum aggregate principal amount not exceeding $17,000,000 (the <br />“Bonds”), a portion of the net proceeds of such Bonds to be used for the purpose of financing a <br />portion of the costs of the Project; and <br />WHEREAS, the Commission desires to pledge a portion of the Riverwalk Allocation Area <br />TIF Revenues consisting of: (i) ninety percent (90%) of the Riverwalk Allocation Area TIF <br />Revenues (the “90% Pledge Revenues”), and (ii) an additional annual amount equal to six percent
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