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REGULAR MEETING <br />MAY 9, 1983 <br />11.SS <br />WHEREAS, the issuance of such tax - exempt notes will contribute substantially to <br />the revitalization of the Project, together with the preservation of job opportunities <br />and industrial diversification in the City, resulting in a benefit to the welfare of <br />the City; and <br />WHEREAS, in relation to the issuance of the Series A bonds, the Commission and <br />the Common Council of the City (the "Council ") found that a need existed in the City <br />for the Project and the jobs which it would create; and <br />WHEREAS, the Commission has heretofore investigated, studied, surveyed and reported <br />to the Mayor and the Common Council, that a need exists in the community for the <br />preservation of existing jobs within the City, and to achieve that goal the Construction <br />Indebtedness should be refinanced; and <br />WHEREAS, to induce Brethren Care to refinance the Construction Indebtedness, the <br />Commission on May 9, 1983 approved the application of Brethren Care for the issuance <br />of up to Seven Million Eight Hundred Thousand Dollars of Economic Development Revenue <br />Bonds and also passed an Inducement Resolution relating thereto; and <br />WHEREAS, to induce Brethren Care to refinance the Construction Indebtedness and <br />thereby contribute to the revitalization of the Project and the preservation of jobs, <br />the Council desires to adopt this resoltuion; <br />NOW, THEREFORE, BE IT RESOLVED, that in order to encourage, induce and solicit <br />the application by Brethren Care for an amount not exceeding Seven Million Eight <br />Hundred Thousand Dollars of Economic Development Revenue Bonds to be issued by the <br />City of South Bend, Indiana, for the refinancing of the Construction Indebtedness <br />relating to the Project in South Bend, Indiana, the City of South Bend shall proceed <br />to cooperate with and take any action as may be necessary in drafting of documents or <br />the performance of such other acts as will facilitate the issuance of such Economic <br />Development Revenue Bonds by the City of South Bend, Indiana, to provide funds to be <br />used for the refinancing of the Consturction Indebtedness; and <br />BE IT FURTHER RESOLVED that any expenses incurred in °connection with said proceedings <br />shall be included in the Project cost and reimbursed from the proceeds of said notes. <br />BE IT FURTHER RESOLVED that the liability and obligations of the Commission and <br />the city shall be limited solely to the good faith efforts to consumate said proceeds <br />and issue the notes, and neither the Commission, the City, its officers or agents <br />shall incur any liability whatsoever if, for any reason, the proposed issuance of the <br />notes is riot consumated. <br />This Inducement Resolution shall be in full force and effect from and after its <br />adoption by the Common Council. <br />/s/ Beverlie J. Beck <br />Member of the Common Council <br />A public hearing was held on the resolution at this time. Kenneth Fedder, attorney <br />for the Economic Development Commission, indicated the purpose of this bond is to <br />refinance a portion of the construction indebtedness incurred when Brethren Care <br />constructed a residential retirement facility. He indicated that due to the downturn <br />in the economy and the depressed state of the local real estate market, occupancy <br />levels at St. Paul's have been far lower than expected. He indicated this proposed <br />financing appears to be the only present viable alternative.for curing the project's <br />financial problems. Council Member Szymkowiak made a motion to adopt this resolution, <br />seconded by Council Member Taylor. The resolution was adopted by a roll call vote of <br />nine ayes. <br />RESOLUTION NO. 1049 -83 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, IDNIANA, <br />RELATING TO: ST. JOSPEH STATION, II, AN INDIANA LIMITED <br />PARTNERSHIP PROJECT. <br />WHEREAS, at the present time there are insufficient employment opportunities and <br />insufficient diversification of business, commerce and industry in and near the City <br />of South Bend, Indiana (the "City ")); and <br />WHEREAS, the economic welfare of the City would be benefited by the acquisition <br />of economic development facilities in the corporate limits of the City pursuant to <br />the provisions of Indiana Code 18 -6 -4.5 (the "Act "); and <br />WHEREAS, St. Joseph Station, II, an Indiana limited - partnership ( "St. Joseph <br />Station ") proposes to acquire economic development facilities in South Bend, Indiana <br />as defined in the Act if the City will finance costs of such economic development <br />facilities pursuant to the Act; and <br />WHEREAS, the South Bend Economic Development Commission has received an application <br />by St. Joseph Station for the issuance of City of South Bend Economic Development <br />Bonds in the approximate principal amount of Four Million Five Hundred Thousand and <br />no /100 Dollars ($4,500,000.00) with the terms of repayment to be determined by the <br />market rates at the time the bonds are sold and the proceeds of the bonds will be <br />used to make certain improvements to real estate at 300 North Michigan Street, South <br />Bend, Indiana, for use as an office building with limited retail space resulting in <br />approximately 100 new jobs by the tenants of the facility with an annual payroll of <br />approximately Nine Hundred Thousand and no /100 Dollars ($900,000.00). <br />