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HomeMy WebLinkAbout6E(1) Staff Report and Resolution No. 2722Redevelopment Commission Staff Report Redemption of 2006 TIF Revenue Bonds for Erskine Commons Project 7/1/10 In April 2004 the Redevelopment Commission entered into a Development Agreement with Anchor Acquisitions, Ltd. That Agreement anticipated two bonds being issued for the development of Erskine Commons, and EDC bond in the amount of $3.5 million, and a TIF Revenue bond in the amount of $2.44 million. The EDC bond was issued in 2005 for on -site improvements related to capping an old landfill, demolition of small structures on the site, relocation of electric utility lines and relocation of an underground pipeline. In 2006 the TIF Revenue bonds were issued for improvements to Ireland Road and the intersection with Michigan Street. Both bond issues have maturity dates in 2025. Development of Erskine Commons has progressed beyond expectations and is generating annual TIF of $3.1 million compared to the original projection of $.75 million. Consequently, we are in a position to pay off the TIF Revenue bonds now with cash on hand. Currently we have cash of about $4.8 million, while we need only about $2.3 million to redeem these bonds. With the remaining cash balance of about $2.5 million, plus the anticipated December TIF settlement of $1.4 to 1.5 million, we expect to be able to pay off the 2005 EDC bonds in the first quarter of 2011. A worksheet is attached showing our cash availability and the amounts required to pay off both the TIF Revenue and EDC bonds. Also attached is an aerial of the Erskine Commons development. The Resolution for your consideration today only seeks authorization to pay off the 2006 TIF Revenue bonds and staff recommends approval. RESOLUTION NO. 2722 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DETERMINING TO PROCEED WITH THE REDEMPTION OF THE PRESENTLY OUTSTANDING ADJUSTABLE RATE DEMAND TAX INCREMENT REVENUE BONDS, SERIES 2006 (ERSKINE COMMONS PROJECT) WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the City of South Bend Redevelopment District (the "District ") and the City of South Bend, Indiana, Department of Redevelopment (the "Department "), exists and operates under the provisions of Indiana Code 36 -7 -14, as amended from time to time (the "Act "); and WHEREAS, the Commission adopted Resolution No. 1914 on November 1, 2002, which resolution was later confirmed by the Commission at a meeting on December 20, 2002, and which resolution declared the Southside Development Area (the "Area ") to be a blighted area within the meaning of the Act and approved a Redevelopment Plan for the Area pursuant to the Act; and WHEREAS, the Commission adopted, after a public hearing, Resolution No. 2073, which resolution amended the Area by creating within the Area a separate allocation area to provide for the allocation distribution of the proceeds of taxes levied on properties situated in such allocation area ( "Allocation Area No. 2 ") to separately account for taxes expected to be generated from a project developed by Anchor Acquisitions Limited which involved the construction of a significant commercial and retail center near the southwest corner of the intersection of Ireland and Michigan Streets in the Area (the "Project "); and WHEREAS, pursuant to Resolution No. 2225 adopted by the Commission on January 20, 2006, and pursuant to a trust indenture between the Commission and The Bank of New York Trust Company, N.A., as trustee (the "Trustee "), the Commission has previously issued its Adjustable Rate Demand Tax Increment Revenue Bonds, Series 2006, in the aggregate principal amount of $2,440,000 (the "Bonds "), which Bonds presently remain outstanding, the proceeds of which Bonds were used to pay for the costs of certain local public located in the Area; and WHEREAS, the Project has developed to an extent that it has generated additional TIF Revenues for Allocation Area No. 2 which now permit the Commission to consider redemption of the outstanding Bonds from the available TIF Revenues prior to their maturity; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission, as follows: BDDB01 6225081v1 Section 1. The Commission hereby authorizes and approves of all necessary actions to provide for the redemption of the outstanding Bonds. Section 2. The Commission hereby approves of and ratifies the action taken to provide direction to the Trustee to provide notice of the redemption of the Bonds to the Bondholders. Each of the President, Vice - President and Secretary is hereby authorized to enter into any agreement or execute any document on behalf of the Commission to provide for the redemption of the outstanding Bonds at the earliest opportunity. Section 3. This resolution shall be in full force and effect after its adoption by the Commission. -2- BDDBOI 6225081 vl ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment Commission held on July , 2010, at Room 1308, County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana. SOUTH BEND REDEVELOPMENT COMMISSION ATTEST: Nancy King, Secretary Marcia I. Jones, President -3- BDDB01 6225081v1 Erskine Commons Outstanding EDC & TIF Bonds Early Repayment Worksheet Prepared 5/26/10 Outstanding EDC Bonds at 8/1/10: Outstanding TIF Bonds at 8/1/10: Cash Balance at 4/30/10 Cash Balance at 4/30/10 July TIF Settlement for Pay'10 Cash Available for Early Repayment Less: EDC Bond Interest Payment Due 8/1/10 TIF Bond Payoff (Principal) @ 8/1/10 TIF Bond Accrued Interest Due (5/1 to 8/1/10) Financial Consultant Fees Bond Counsel Fees Other Fees Balance after 8/1/10 TIF Bond Payoff Add: Dec TIF Settlement for Pay'10 Cash Available for D/S at 2/1/11 Less: EDC Bond Payoff (Principal) @ 2/1/11 EDC Bond Accrued Interest Due (8/1/10 to 2/1/11) Financial Consultant Fees Bond Counsel Fees Other Fees Balance after 2/1/11 EDC Bond Payoff Principal Rate Maturity 3,285,000 0.08 2025 2,335,000 Variable 2025 Cash on Capitalized Totals Hand Interest 3,254,914 3,254,914 99,193 99,193 1,574,778 1,574,778 4,829,692 99,193 4,928,885 (131,400) (2,238,807) (96,193) (2,335,000) (3,000) (3,000) 0 0 0 2,459,485 0 2,590,885 1,422,000 1,422,000 3,881,485 0 3,881,485 (3,285,000) (3,285,000) (131,400) (131,400) 0 0 0 465,085 0 465,085 JVA CPW AP too A if k 141 kL m (n CD 0 0 3 3 0