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HomeMy WebLinkAboutNo. 1030 establishing certain funds/accounts in connection with the lease dated 6/1/88 and as amended by an addendum thereto dated as of 11/1/91 between the SBRC and SBRARESOLUTION NO. 1030 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION ESTABLISHING CERTAIN FUNDS AND ACCOUNTS IN CONNECTION KITH THE LEASE DATED AS OF JUNE 1, 3.988 AND AS AMENDED BY AN ADDENDUM THERETO DATED AS OF NOVEMBER 1, 1991 BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE SOUTH BEND REDEVELOPMENT AUTHORITY 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 principal amount of Four Million Two Hundred Eighty Thousand Dollars ($4,280,000) pursuant to IC 36- 7- 14.5 -19 to be known as the "South Bend Redevelopment Authority Taxable Lease Rental Revenue Bonds (Coveleski Stadium Refunding)" (the "Taxable Bonds "), the proceeds of which are to be used to refund the South Bend Redevelopment Authority Taxable Lease Rental Revenue Bonds (Coveleski Stadium Project) issued by the Authority in 1988, and to pay the costs of issuance of the Taxable Bonds; and WHEREAS, the Authority previously entered into a lease between the Authority and the Commission dated as of June 1, 1988 (the "Lease "), which Lease was heretofore approved by this Commission, and pursuant to which the Authority leases to the Commission the land and stadium facility located thereon known as the "Stanley Coveleski Regional Stadium (the "Facility "); and WHEREAS, the Commission has approved and authorized the execution of an addendum to the Lease (the "Addendum ") to reflect ew lower rental payments under the Lease; and WHEREAS, the Commission, by Resolution No. 849 (the "Pledge Resolution "), adopted at a meeting on June 17, 1988, established 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 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 Stadium 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 amended by the Addendum. 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 Stadium 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 Ire year, to pay all lease rental payments payable in the 12 -month period beginning on July 1 of the following calendar year. Such taxes shall be deposited in the Stadium Principal and Interest -2- Account and such taxes and any other funds in the Stadium Principal and Interest Account shall be irrevocably pledged for the purposes set forth in this Resolution. 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 November 22, 1991 at the office of the Commission, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. SOUTH BEND REDEVELOPMENT COMMISSION By: Paula N. Auburn, President ATTEST:` Michael Donoho, Secretary \ rrrompol\ sthbend \covelesk \lurcesta.bli;tmg;11 /20/91; -3-