HomeMy WebLinkAboutNo. 1834 establishing certain funds/accounts in connection with lease dated 11/1/93, as amended, between SBRC and SBRA for the Century Center projectRESOLUTION NO. 18V
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ESTABLISHING CERTAIN FUNDS AND ACCOUNTS IN CONNECTION
WITH THE LEASE DATED AS OF NOVEMBER 1, 1993, AS AMENDED,
BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION
AND THE SOUTH BEND REDEVELOPMENT AUTHORITY FOR THE CENTURY
CENTER PROJECT
WHEREAS, the South Bend Redevelopment Authority (the "Authority ") has been
created pursuant to IC 36 -7 -14.5 as a separate body, corporate and politic, and as an instrumentality
of the City of South Bend to finance local public improvements for lease to the South Bend
Redevelopment Commission (the "Commission ");
WHEREAS, the Commission expects that the Authority will issue bonds in an
aggregate principal amount not to exceed Seven Million and 00 /100 Dollars ($7,000,000.00)
pursuant to IC 36- 7- 14.5 -19 and IC 5 -1 -5 to be known as the "South Bend Redevelopment Authority
Lease Rental Revenue Refunding Bonds of 2001 (Century Center Project)" (the 'Bonds "), the
proceeds of which are to be used to refund the South Bend Redevelopment Authority Lease Rental
Revenue Bonds (Century Center Project) issued by the Authority in 1994, and to pay the costs of
issuance of the Bonds;
WHEREAS, the Authority previously entered into a lease between the Authority and
4L the Commission dated as of November 1, 1993, which lease was amended by the Addendum to
Lease entered into between the Authority and the Commission and dated as of June 3, 1994,
(collectively, the "Lease "), which Lease was heretofore approved by this Commission, and pursuant
to which the Authority leases to the Commission certain improvements known as the Century
Center;
WHEREAS, the Commission, by Resolution No. 1258 adopted at a meeting on May
20, 1994, established certain funds and accounts for the payment of the rentals owed by the
Commission pursuant to said Lease (the "Pledge Resolution ");
NOW, THEREFORE, BE IT RESOLVED, by this South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby covenants and agrees to keep and maintain
those funds and accounts created by the Pledge Resolution, such funds and accounts consisting of
a Century Center Project Principal and Interest Account (the "Century Center Principal and Interest
Account ") and such other accounts as the Commission may from time to time establish to pay the
rentals owed by the Commission pursuant to the Lease as the same may be amended.
Section 2. The Commission hereby acknowledges and restates its obligation
pursuant to the Pledge Resolution to levy in each calendar year a special tax upon all of the taxable
property in the City of South Bend Redevelopment District in a total amount sufficient, together with
all other funds in the Century Center Project Principal and Interest Account deposited into such
account from any other sources (other than such special taxes) during the previous twelve (12)
calendar months prior to August 1 of such calendar year, to pay all lease rental payments payable in
the twelve (12) month period beginning on July 1 of the following calendar year. Such taxes shall
be deposited in the Century Center Project Principal and Interest Account and such taxes and any
other funds in the Century Center Project Principal and Interest Account shall be irrevocably pledged
for the purposes set forth in this Resolution. In determining the amount of the special tax required
to pay such lease rental payments as described herein, the Commission may also take into account
and may correspondingly offset the amount of such special tax by the amount of the funds on deposit
-2-
::ODMAVv H0DMA\SBIIvIAN1;90919;1
in the Reserve Fund established pursuant to the Trust Agreement between the Authority and Wells
Fargo Bank Indiana, N.A., dated as of April 1, 2001 (the "Trust Agreement "), only to the extent such
funds have not been previously used to offset the amount of the special tax or will not otherwise
have to be applied by the Authority to meet its obligations under the Trust Agreement for the next
following twelve (12) month period.
Section 3. This Resolution shall be in full force and effect after its adoption by
the Commission.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
April 6, 2001, in Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
At
ATTEST:
Philip J. Fffqb4a, Secretary
SOUTH BEND REDEVELOPMENT COMMISSION
Robert W. Hunt, President
-3-
::ODMA\MH0DMA\SBM4AN 1;90919;1