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HomeMy WebLinkAboutNo. 0972 amending Resolution No. 967 in connection with lease dated 8-1-90 between SBRC and SBRA relating to the AEDA public improvement project (taxable improvements)RESOLUTION NO. 972 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING RESOLUTION NO. 967 IN CONNECTION WITH THE LEASE DATED AS OF AUGUST 1, 1990 BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE SOUTH BEND REDEVELOPMENT AUTHORITY RELATING TO THE AIRPORT ECONOMIC DEVELOPMENT AREA PUBLIC IMPROVEMENT PROJECT (TAXABLE IMPROVEMENTS) 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 has previously indicated its intent to issue bonds in the aggregate amount of Four Million Two Hundred Thousand Dollars ($4,200,000) pursuant to IC 36 -7- 14.5 -19 to be known as the "South Bend Redevelopment Authority Lease Rental Revenue Bonds (Airport Economic Development Area Public Improvement Project) (the "Taxable Bonds "), the proceeds of which are to be used to finance certain land and public improvements (the "Taxable Improvements ") , and to pay the costs of issuance of the Taxable Bonds; and WHEREAS, the Authority intends to lease the Taxable Improvements to the Commission pursuant to a lease dated as of August 1, 1990 (the "Lease "), which Lease was heretofore approved by this Commission; and WHEREAS, the Commission has previously established certain funds and accounts for the payment of the rentals owed by the Commission pursuant to said Lease pursuant to Resolution No. 967, adopted on December 21, 1990 and entitled "Resolution of the South Bend Redevelopment Commission Establishing Certain Funds and Accounts in Connection with the Lease Dated as of August 1, 1990 Between the South Bend Redevelopment Commission and the South Bend Redevelopment Authority Relating to the Airport Economic Development Area Public Improvement Project (Taxable Improvements) and Other Related Matters" (the "Pledge Resolution "); and WHEREAS, the Commission now finds it necessary to make a certain amendment to the Pledge Resolution; NOW, THEREFORE, BE IT RESOLVED, by this South Bend Redevelopment Commission as follows: Section 1. The first sentence of Section 2 of the Pledge Resolution is hereby amended to read as follows: Section 2. 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 funds in the Airport Economic Development Area Public Improvement Project Principal and Interest Account deposited into such account from any other sources (other than such special taxes) or anticipated to be deposited into such account from any other sources (other than such special taxes) through the end of the following 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. Section 2. All other terms and conditions of the Pledge Resolution shall remain in full force and effect. Section 3. This Resolution shall be in full force and effect after its adoption by the Commission. -2- \restarke \sobend \reso1.972;1 /9/91 ADOPTED at a meeting of the South Bend Redevelopment Commission held on January 11, 1991 at the office of the Commission, at 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 -3- \restarke \sobend \reso1.972;1 /9/91