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HomeMy WebLinkAbout1998-03-16 Resolution 125~. J ~ U RESOLUTION NO. 125 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY AUTHORIZING THE EXPENDITURE OF FUNDS RECEIVED ON BEHALF OF THE AUTHORITY TO PAY OUTSTANDING PRINCIPAL OF THE BONDS ISSUED TO FINANCE THE COLLEGE FOOTBALL HALL OF FAME WHEREAS, the South Bend Redevelopment Authority (the "Authority") previously issued in 1994 and has currently outstanding certain lease rental revenue bonds known as the "South Bend Redevelopment Authority Variable Rate Demand Lease Rental Revenue Bonds of 1994 (College Football Hall of Fame Project)" (the "Bonds") which Bonds were used to pay capital expenditures relating to the construction of the College Football Hall of Fame (the "Project"); and WHEREAS, an application for a grant was submitted on behalf of the Authority to • the State of Indiana for the purpose of seeking moneys from the Build Indiana Fund to assist in paying capital expenditures related to the Project; and WHEREAS, the State awarded Five Hundred Thousand and 00/100 Dollars ($500,000.00) (the "Grant Amount") for the purpose of paying capital expenditures related to the Project, and the Authority desires to authorize use of said Grant Amount for the purpose of paying a corresponding amount of principal on the outstanding Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT AUTHORITY, AS FOLLOWS: 1. The Authority hereby authorizes the payment of the Grant Amount to the Norwest Bank Indiana, N.A., as trustee (the "Trustee"), under that certain Trust Indenture dated as • of June 1, 1994, between the Authority and the Trustee (the "Trust Indenture"). The Grant Amount ,. r . _. • shall be used for the payment of principal of the Bonds in a corresponding amount either by redemption of Bonds or by purchase of Bonds as authorized herein. 2. The Grant Amount shall be deposited into an escrow account established with the Trustee. The President and Secretary-Treasurer of the Authority are authorized to execute and attest, respectively, an escrow agreement to be prepared by counsel in a form acceptable to such officers, said officers' execution and attestation thereof to be conclusive evidence of their approval of such agreement, and such other documents as may be necessary, if any, to provide for the escrow of the Grant Amount for the purposes described herein. 3. The Authority hereby directs the Trustee to contact First Chicago Capital Markets, Inc., the Remarketing Agent for the Bonds (the "Remarketing Agent"), for the purpose. of making available the Grant Amount to purchase a corresponding amount of Bonds as soon as • reasonably possible upon such Bonds being put to the Remarketing Agent for remarketing. In the event it is not possible to acquire Bonds in this manner within a reasonable time period, the President and Secretary-Treasurer are hereby authorized to provide a notice of redemption to the Trustee and the Trustee shall be directed to redeem a corresponding amount of Bonds all in accordance with the terms of the Trust Indenture. 4. This resolution shall be in full force and effect after its adoption by the Authority. ~**** -2- :ODMA\PCDOCS\SBDOCS 1 \ 10295\ 1 • ADOPTED at a meeting of the South Bend Redevelopment Authority held on March 16, 1998, Room 1308, County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: SOUTH BEND REDEVELOPMENT AUTHORITY _~ , By: President Secretary-Treasurer r~ LJ ODMA\PCDOCS\SBDOCS 1 \ 10295\ 1 -3-