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HomeMy WebLinkAboutNo. 1067 establishing certain funds/accounts in connection w/ lease dated as of 3/1/92 between the SBRC and SBRA relating to the Palais Royale acquisition project and other related mattersRESOLUTION NO. 1067 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION ESTABLISHING CERTAIN FUNDS AND ACCOUNTS IN CONNECTION WITH THE LEASE DATED AS OF MARCH 1, 1992, BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE SOUTH BEND REDEVELOPMENT AUTHORITY RELATING TO THE PALAIS ROYALE ACQUISITION PROJECT AND OTHER RELATED MATTERS 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 "); and WHEREAS, the Authority intends to issue bonds in the aggregate amount of One Million Four Hundred and Ten Thousand Dollars ($1,410,000) pursuant to IC 36- 7- 14.5 -19 to be known as the "South Bend Redevelopment Authority Taxable Lease Rental Revenue Bonds (Palais Royale Project)" (the "Bonds ") , the proceeds of which are to be used to finance the acquisition of certain land and a building located thereon more commonly known as the Palais Royale (the "Project ") , and to pay the costs of issuance of the Bonds; and WHEREAS, the Authority intends to lease the Project to the Commission pursuant to a lease dated as of March 1, 1992 (the "Lease "), which Lease was heretofore approved by this Commission; and WHEREAS, it is necessary for the Commission to establish certain funds and accounts for the payment of the rentals owed by the Commission pursuant to said Lease; NOW, THEREFORE, BE IT RESOLVED, by this South Bend MMIk Redevelopment Commission as follows: Section 1. There is hereby created and established a Redevelopment District Bond Fund to consist of a Palais Royale Acquisition Project Principal and Interest Account and such other accounts as the Commission shall from time to time establish. Section 2. The Commission shall deposit or cause to be deposited into the Palais Royale Acquisition Project Principal and Interest Account on or before the issuance of the Bonds an amount sufficient to pay the lease rental payments payable pursuant to the Lease on January 28, 1993; July 28, 1993; and January 28, 1994. Section 3. The Commission shall levy in each calendar year beginning in the year prior to the first calendar year in which the Commission is required to pay lease rentals pursuant to the Lease, 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 Palais Royale Acquisition Project Principal and Interest Account deposited into such account from any other sources (other than such special taxes) during the previous 12 calendar months prior to August 1 of such calendar year, to pay all lease rental payments payable in the 12 -month period beginning on July 1 of the following calendar year pursuant to Section 4 of the Lease. Such taxes shall be deposited in the Palais Royale Acquisition Project Principal and Interest Account and such taxes and any other funds in the Palais Royale -2- Acquisition Project Principal and Interest Account shall be irrevocably pledged for the purposes set forth in this Resolution. Section 4. 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 June 5, 1992, at the office of the Commission, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: Michael Donoho, Secretary \ rrrompol \palais.roy \luestab.rc;tmg;6 /04/92; SOUTH BEND REDEVELOPMENT COMMISSION By: Paula N. Auburn, President -3-