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HomeMy WebLinkAbout4B Exhibit C First Supplemental Trust Agreement (Century Center)embank Global Corporate Trust Services 60 Livingston Avenue, EP-MN-WS3C St. Paul, MN 55107 usbank corn March 1, 2019 Ms. Elizabeth Leonard Inks, Director, Administraiton & Finance City of South Bend 227 West Jefferson Blvd. Suite 1400 S. South Bend, IN 46601 Re: South Bend Redevelopment Authority Lease Rental Revenue Refunding Bonds, Series 2013 (Century Center Project) Dear Ms. Leonard Inks: This letter is being sent in advance of the due date of the following item(s) to assist you in providing us with the required documentation in a timely manner. Item Document Reference Due Date Exhibit C of First Supplemental Trust First Supplemental Trust Agreement 03/31/2019 Agreement 8.03 If the requested item(s) has been sent, you may disregard this letter. If possible, please send your item(s) to us electronically in an unalterable portable document format (pdf). We appreciate your attention to this matter. Please contact me at the telephone number or email address below to discuss any questions or concerns you may have regarding the content of this letter. You may also contact your Relationship Manager, T. Scott Fesler, at 317-264-2501. Sinter Diane Carlson Trust Review Analyst Telephone: 651-466-6288 Facsimile: 651-466-7427 Email: diane.carlson@usbank.com Account Number: 207223000 Tickler Number(s): 1235988 QRo� CERTIFICATE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) 06/22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER CONTACT Stephen Swihart NAME: Gibson Insurance Agency, Inc. PHONEE t . (800) 814-2122 fAec a . (800) 836-2122 I'l 130 S Main St, Ste 400 Loc# 00001: Dept. of Admin. & Finance 1200 N County -City Building South Bend IN 46601 EMAIL ADDRESS: sswihart@gibsonins.com PO Box 11177 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, pftUS Du OMEER R ID: 00003140 INSR LTR INSURERtS) AFFORDING COVERAGE South Bend IN 46601-0177 INSURER A: Lexington Ins Co INSURED 1. City of South Bend and Any Subsidiary X PROPERTY INSURER B 227 W Jefferson Blvd INSURER C: S Dept of Admin & Finance INSURER D : South Bend IN 46601 INSURER E PERSONAL PROPERTY BASIC BUILDING INSURER F: COVERAGES CERTIFICATE NUMBER: 18/19 Prop REVISION NUMBER - NAIC # 19437 LOCATION OF PREMISES I DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Loc# 00001: Dept. of Admin. & Finance 1200 N County -City Building South Bend IN 46601 See Attached Overflow Pages THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YYYY) POLICY EXPIRATION DATE (MMIDD/YYYY) COVERED PROPERTY LIMITS X PROPERTY BUILDING S 3 CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY BASIC BUILDING I BUSINESS INCOME 5 BROAD CONTENTS EXTRA EXPENSE SPECIAL RENTAL VALUE $ EARTHQUAKE A 017471589/05 07/01/2018 07/01/2019 BLANKET BUILDING WIND BLANKET PERS PROP FLOOD $ BLANKET BLDG & PP X Equipment 50,000 S 25,000,000 x Per occurrence S INLAND MARINE TYPE OF POLICY $ S CAUSES OF LOSS POLICY NUMBER $ NAMED PERILS 1 CRIME $ $ TYPE OF POLICY $ BOILER & MACHINERY 1 EQUIPMENT BREAKDOWN $ S S SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Total Insured Limit: $550,000,000. Listing of carriers for Excess Limits above $25,000,000 available upon request. This confirms South Bend Redevelopment Authority, re: Lease Rental Revenue Refunding Bonds, Series 2013 (Century Center Project), has adequate coverage as required by Section 8.03 of the Trust Indenture. US Bank - Global Corporate Trust Services Diane Carlson, Trust 60 Livingston Avenue EP-MN-WS3C St. Paul MN 55107 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT C OFFICER'S CERTIFICATE Reference is made to the Trust Agreement dated as of November 1, 2008, as amended (the "Governing Document"), between the South Bend Redevelopment Authority, a public body corporate and politic, organized and existing under Indiana Code 36-7-14.5, as amended (the "Company"), and U.S. Bank National Association, as trustee (the "Trustee"). The undersigned officer hereby certifies to the Trustee that: (i) I have read all relevant sections of the Governing Documents relating to Insurance and the definitions relating thereto; (ii) I have made such examination or investigation as is necessary or appropriate in order to make the statements contained herein; (iii) I have made such examination or investigation as is necessary to enable me to express an informed opinion as to whether or not the terms, conditions and covenants in the Governing Documents with respect to insurance matters have been complied with; and (iv) Based on examination and review of the Governing Documents, all of the terms, conditions and covenants set forth in the Governing Documents as they relate to Insurance matters have been satisfied and are in full force and effect. IN WITNESS WHEREOF, the undersigned -has executed this Officer's Certificate this day of 20 SOUTH BEND REDEVELOPMENT AUTHORITY By:` Name: Title: C-1 SECTION 8.03. Amendment to Section 6.02. The Authority and the Trustee amend Section 6.02 of the Original Trust Agreement to read in its entirety as follows: "Except as provided in Section 6.01(c), such insurance policies shall be maintained in insurance companies rated B+ or better by A.M. Best Company (or a comparable rating service if A.M. Best Company ceases to exist or rate insurance companies), and shall be countersigned by an agent of the insurer who is a resident of the State of Indiana. Not later than ninety (90) days after the end of its Fiscal Year, the Authority shall deliver to the Trustee a certificate in the form of Exhibit C hereto, signed by an officer of the Authority. If the Authority fails at any time to obtain or maintain at least the minimum insurance required under this Trust Agreement, it shall immediately notify the Trustee in writing of such failure. The Trustee makes no representation as to, and shall have no responsibility for the sufficiency or adequacy of the insurance." SECTION 8.04. Survival of Original Trust Agreement. Except to the extent modified, amended, or supplemented by this First Supplemental Trust Agreement, the Original Trust Agreement shall remain in full force and effect. -13-