Authorizing the Execution & Delivery of Memo. of Intent between S. J. Enterprises Providing for Issuance of Economic Development Revenue Bonds

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RESOLUTION NO. l a 7 3-$s A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND S . J. ENTERPRISES PROVIDING FOR THE ISSUANCE BY SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE, TITLE 36 , ARTICLE 7, CHAPTER 12 , AS AMENDED. The area still has insufficient employment opportunities and insuf- ficient diversification of industries, which conditions are harmful to the economic stability and general welfare of the area and, if not rem- edied, will be detrimental to the development of such area. The City of South Bend, Indiana (the "City") is authorized under the provisions of Indiana Code, Title 36 , Article 7 , Chapter 12 , as amended (the "Act") , to acquire, construct and finance economic develop- ment projects for the users thereof and to provide for the issuance of revenue bonds in conjunction therewith. The City, in order to implement the public purposes enumerated in the Act and in furtherance thereof to induce S . J. Enterprises, an Indiana general partnership (the "Borrower") to purchase, improve and equip real estate (hereinafter collectively called the "Project") within the limits of South Bend, Indiana, has indicated its intent to issue its revenue bonds under and pursuant to the provisions of the Act and to apply the proceeds therefrom to the payment of the costs of the Project. The Borrower, after considering a number of possible locations within and outside the State of Indiana, and in reliance upon the intent of the City to finance the Project through the issuance of revenue bonds under the provisions of the Act, has determined to construct and Project within the limits of South Bend, Indiana. It is now deemed advisable to authorize the execution and delivery by the City of a Memorandum of Intent expressing formally and in writing the understanding heretofore formally agreed upon by the City and the Borrower. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1 - The Mayor is hereby authorized and directed to execute a Memorandum of Intent by and between the City and the Borrower and the City Clerk is hereby authorized and directed to affix the seal of the City thereto and to attest the same; and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, accepted, and executed by the Borrower, said Memorandum of Intent, which is hereby approved and incorporated by reference and made a part of this authorizing resolution, to be in substantially the form attached hereto. SECTION 2 - All resolutions and orders, or parts thereof, in con- flict with the provisions of this resolution are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption. This inducement resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Memot( it er of the C on` Council FILED IN CLERK'S OFFICE PRESENTED ti- /S-4d. t- /S-4 NOV 1 31985 NOT APPROVED IRENE GAMMON ADOPTED <l -a'81s CITY CLERK, SO, BEND, 3Nd