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5B3 Resolution No. 3678 (Final Bond for Backup Lease Payment) - Signed
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5B3 Resolution No. 3678 (Final Bond for Backup Lease Payment) - Signed
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8/13/2026 1:53:39 PM
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Dept of Community Investment
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3 <br />SECTION 1. The Commission hereby determines that, because the TIF Revenues are <br />expected to be sufficient to pay the Lease Rental Payments, each of the Projects does not constitute <br />a “controlled project” as such term is defined by Indiana Code 6-1.1-20-1.1. <br />SECTION 2. The Commission agrees that it shall levy in each calendar year pursuant <br />to Section 27 of the Act during the term of the Lease a special tax upon all of the taxable property <br />in the District in a total amount necessary, together with all other funds (other than special taxes), <br />including, without limitation, the TIF Revenues then on deposit in the Lease Fund (as defined <br />herein) as of August 1 of such calendar year, to pay all Lease Rental Payments payable in the 12- <br />month period beginning on July 1 of the year following such calendar year pursuant to Section 2 <br />of the Lease. The Controller of the City (the “Controller”) is hereby authorized to create a fund <br />(the “Lease Fund”) for the purpose of depositing such taxes into and such taxes and any other <br />funds deposited in the Lease Fund shall be irrevocably pledged for the purposes set forth in this <br />Resolution, such pledge being effective as set forth in IC 5-1-14-4 without the necessity of filing <br />or recording this resolution or any instrument except in the records of the Commission. In addition <br />to any amounts then on deposit in the Lease Fund, if any, the Commission may also take into <br />account when determining whether it is necessary to levy the special tax as described herein, cash <br />amounts available in the debt service reserve fund which may be established under the Trust <br />Indenture to provide additional security for the Bonds, all based upon the advice and <br />recommendation of the Controller. Notwithstanding the foregoing, the Commission expects that <br />the TIF Revenues will be sufficient to pay the Lease Rental Payments when due without the need <br />for the special tax described herein. <br />SECTION 3. The Commission hereby authorizes and directs the President, Vice <br />President and the Secretary of the Commission to take any and all necessary actions and execute <br />any and all necessary documents to carry out the purpose of this Resolution. This Resolution shall <br />be in full force and effect after its adoption by the Commission. <br />ADOPTED at a meeting of the South Bend Redevelopment Commission held on August <br />13, 2026, in the City Hall Council Chambers, 3rd Floor, 215 S. Dr. Martin Luther King, Jr., <br />Boulevard, South Bend, Indiana, 46601. <br />SOUTH BEND REDEVELOPMENT <br />COMMISSION <br />By: <br />David Relos, President <br />ATTEST: <br />Eli Wax, Secretary <br />DMS 54455437v1
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