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The South Bend Redevelopment Authority <br />February 6, 2008 Meeting Minutes <br />of issuing of the bonds. Section ten references the trust Agreement, which has <br />been already approved. Section eleven references the Agency Agreement. Section <br />twelve authorizes the President, Vice-President and Secretary to execute any of <br />the documents that are required on the financing, which is effectively the closing <br />documents. We anticipate selling the bonds this month or the beginning of March. <br />Section fourteen indicates the provision of this resolution and the trust agreement <br />should constitute a contract between the Authority and the holders of the bonds. <br />Mr. Alvarez asked about the interest rate as mentioned in the Development <br />Agreement. Mr. Hill said the City is representing to Kite in the Development <br />Agreement that $30M worth of proceeds will be provided from the bond issue in <br />addition to the other funds that are being made available in terms of sewer capital <br />and Major Moves. If in fact the interest rate is higher than anticipated in the <br />structuring the amount could be lower. If the interest rate is more favorable there <br />could be more proceeds available. We will not know the interest rate until we sell <br />the bonds. <br />Upon a motion by Mr. Thomas, seconded by Ms. Pfotenhauer, the Authority <br />unanimously approved Resolution No. 163 Authorizing the Issuance of the South <br />Bend Redevelopment Authority Lease Rental Revenue Bonds of 2008 (Eddy <br />Street Commons Project) and Regarding other related matters. <br />c. Redevelopment Authority Approval requested for the Trust Agreement between <br />the South Bend Redevelopment Authority and U.S. Bank National Association, <br />Indianapolis, Indiana, Trustee <br />Mr. Hill said this is a typical agreement that the Authority uses when issuing <br />bonds for redevelopment improvements. It does appoint the Board of Public <br />Works to go through the process of bidding out the project. The Board of Public <br />Works complies with all of the public bidding and public notice requirements. <br />There will be an agreement with Kite to serve as the construction manager. The <br />Form of Trust Indenture essentially controls the rent payments that will be <br />received from the Redevelopment Commission to the Authority. The rent <br />payments will essentially be the tax increment that will be generated from the <br />project to pay the principle interest. The bond proceeds will also be held under the <br />Trust Indenture until the call period is over. <br />Upon a motion by Ms. Pfotenhauer, seconded by Mr. Thomas, the Authority <br />unanimously approved the Trust Agreement as presented. <br />• <br />d. Redevelopment Authority Approval requested for the Agency Agreement with the <br />H:\ W PDATAW UTHORTY\020608. MIN. DOC <br />5 <br />