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HomeMy WebLinkAbout18-71 MOU with St. Joseph County Public Library and Community Foundation regarding the Community Education Center Project Filed in Clerk's Office r SpUT11.0,,::... ,r,.,„ NOV L O 2018 Lc, 1. U d PEACE ,. KAREEINAH FOWLER :, a CITY CLERK,SOUTH BEND,IN % X 1865 CITY OF SOUTH BEND COV V , AITY I \V-STV E\T November 20, 2018 Mr.Tim Scott,President South Bend Common Council 4th Floor County-City Building South Bend, IN 46601 RE: MOU with St.Joseph County Public Library and Community Foundation regarding the Community Education Center Project Dear President Scott: This resolution is for Common Council to consider the Memorandum of Understanding,which outlines the parties' various commitments for the Community Education Center Project. Of the roughly$18-20 million cost,the City would cover$4 million in net proceeds before 2022 and the Public Library and Community Foundation would cover the remaining balance of costs. The separately filled bond ordinance,which allows for up to$4.8 million including issuance costs and a debt reserve for credit enhancement,would fulfill the City's financial commitment. As part of the agreement,the Public Library has also agreed to consent to development on its parking lot parcel just south of the Main Library if certain criteria are met. Thank you for your consideration. Representatives from Community Investment,the Public Library,and the Community Foundation will attend the Committee and Council meetings to address any questions that you may have. Please do not hesitate to reach out in the meantime. Sincerely, i / James Mueller Executive Director Department of Community Investment EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Bvld. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov Filed in Clerk's Office NOV 2 0 2018 BILL NO. 18-71 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF UNDERSTANDING REGARDING THE ST. JOSEPH COUNTY PUBLIC LIBRARY'S PROPOSED PROJECTS WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the St. Joseph County Public Library,St.Joseph County, Indiana(the"Public Library"),the City of South Bend, Indiana (the "City"), and the Community Foundation of St. Joseph County, Inc. are proposing to enter into a Memorandum of Understanding(the"Memorandum of Understanding") to set forth the agreements of each of the parties thereto with respect to the construction,equipping, and furnishing of a new approximately 38,000 square foot building for use as a community and education center to provide new and flexible spaces for community meeting and training, events and conferences and a larger auditorium to meet increasing demand for program space and allow for a more diverse range of programs and community events and any and all projects and improvements related thereto to be located near the Main Branch of the Public Library located at 304 South Main Street in the City(collectively, the"Project"); and WHEREAS, in accordance with the Memorandum of Understanding, the City is considering the issuance of its Economic Development Revenue Bonds (Community Education Center Project) in an aggregate principal amount necessary to provide $4,000,000 of proceeds to the Project (the "Bonds"), pursuant to a Trust Indenture between the City and a corporate trustee to be selected by the City, the net proceeds of which will be provided to the St. Joseph County Public Library (the "Public Library"), pursuant to a Financing Agreement between the Public Library and the City, to be applied to a portion of the costs of the Project and to fulfill the City's obligations under the Memorandum of Understanding; and WHEREAS, the Project will be located in the River West Economic Development Area Allocation Area,previously established and designated by the Commission in accordance with the Act(the"Allocation Area"); and WHEREAS, the Memorandum of Understanding provides for the Bonds to be secured by and paid from tax increment revenues expected to be received by the Commission from the Allocation Area(the"Tax Increment Revenues"); and WHEREAS, the Commission, at a meeting held on November 8, 2018, adopted (i) Resolution No. 3462 pledging the Tax Increment Revenues to the payment of the principal of and interest on the Bonds and (ii) Resolution No. 3463 approving of the Memorandum of Understanding and authorizing its execution; and WHEREAS,the Common Council desires to approve the Memorandum of Understanding, in the form presented at this meeting, with such changes as are deemed necessary by the Mayor, the President of the Common Council and the City Clerk prior to its execution. NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby approves the Memorandum of Understanding in the form presented to the Common Council at this meeting and authorizes the Mayor, the President the Common Council and the City Clerk to execute the Memorandum of Understanding in the form presented to this meeting with such changes as such officers may deem necessary or appropriate with execution of the Memorandum of Understanding evidencing approval of any such changes. SECTION II. The Mayor, the President of the Common Council and the City Clerk and other proper officers of the City are hereby authorized and directed to take such further action or execute such documents as they deem necessary or appropriate in order to effectuate the intent of this Resolution. SECTION III. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor as required by law. Tim Scott, Council President South Bend Common Council DMS 13592415x1 -2-