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6B(9)
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10-16-14 Redevelopment Commission Meeting
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6B(9)
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WHEREAS, on September 13, 2004, the Commission adopted Resolution No. 2097 (the <br /> "Pledge Resolution") establishing the KSK-Scottsdale Mall, L.P. Project Principal and Interest <br /> Account of the Allocation Area No. 3 Fund (the "Principal and Interest Account") and pledging <br /> Project Tax Increment Revenues for the payment of taxable economic development bonds <br /> originally issued in an aggregate principal amount of Five Million Four Hundred Eight-five <br /> Thousand and 00/100 Dollars ($5,485,000.00) (the "EDC Bonds") to provide financing for the <br /> redevelopment of Allocation Area No. 3; and <br /> WHEREAS, the EDC Bonds were issued on April 19,2005, at fixed interest rates ranging <br /> from six and one-tenth percent (6.10%) to six and three-quarters percent (6.75%) with interest <br /> payable on August 1, 2005, and on each February 1 and August 1 thereafter and maturing on <br /> February 1 in the years 2021 and 2027 with mandatory sinking fund payments due on February 1 <br /> in the years 2008 through and including 2027, a schedule of which debt service payments is as set <br /> forth at Exhibit A; and <br /> WHEREAS, the EDC Bonds are secured by a Trust Indenture dated April 1, 2005 (the <br /> "Indenture")between the City and Wells Fargo Bank,N.A., as Trustee(the "Trustee"); and <br /> WHEREAS,the Pledge Resolution requires that all funds allocated to the Allocation Area <br /> No. 3 Fund be immediately transferred into the Principal and Interest Account and on January 15 <br /> and July 15 of each year all funds necessary to pay (i) the principal of and interest on the EDC <br /> Bonds currently or scheduled to be due and expected to be paid from the Project Tax Increment <br /> Revenues and (ii) to pay any amount of principal on the EDC Bonds which was not previously <br /> paid when due or interest accruing thereon as a result of an insufficiency in Project Tax Increment <br /> Revenues in prior year or years,be transferred from the Principal and Interest Account and/or the <br /> Allocation Area No. 3 Fund to the Trustee to be placed on deposit under the Indenture and only <br /> thereafter may excess Project Tax Increment Revenues in the Principal and Interest Account and/or <br /> the Allocation Area No. 3 Fund be transferred or used for any other purpose set forth in Section <br /> 39 of the Act; and <br /> WHEREAS, the Commission desires to authorize all funds received by the Commission <br /> for Allocation Area No. 3 Fund be transferred to the Principal and Interest Account; and <br /> WHEREAS, the Commission further desires that all funds on deposit in the Principal and <br /> Interest Account be appropriated for the debt service payments on the EDC Bonds, in accordance <br /> with the Pledge Resolution and Indiana Code § 36-7-14-39(b)(2)(A); and <br /> WHEREAS,the proposed appropriations from Allocation Area No.3 Fund or the Principal <br /> and Interest Account are not for the operating expenses of the Commission; and <br /> WHEREAS, such appropriations are subject to the provisions of Indiana Code § 6-1.1- <br /> 18-5; and <br /> WHEREAS, on September 11, 2014, the Commission adopted Resolution 3232 setting a <br />
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