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HomeMy WebLinkAbout2000-11-20 Resolution 144y RESOLUTION NO. 144 • RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY APPROVING THE EXECUTION OF AN ADDENDUM TO THE LEASE BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE COLLEGE FOOTBALL HALL OF FAME PROJECT 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 authorized the issuance of its lease rental revenue refunding bonds in an aggregate principal amount not to exceed Fifteen Million Five Hundred Thirty-five Thousand and 00/100 Dollars ($15,535,000.00) pursuantto IC 36-7-14.5-19 and IC 5-15 to be known as the "South Bend Redevelopment Authority Lease Rental Revenue Refunding Bonds of 2000 (College Football Hall of Fame Project)" (the "Bonds"),the proceeds of which are to be used to currently refund the South Bend Redevelopment Authority Variable Rate Demand Lease Rental Revenue Bonds of 1994 (College Football Hall of Fame Project) (the "Refunded Bonds") issued by the Authority in 1994, and to pay the costs of issuance of the Bonds; and WHEREAS, the Authority previously entered into a lease between the Authority and the Commission dated as of November 1,1993, as amended by an Addendum to Lease entered into by the Authority and the Commission and dated as of June 3, 1994, and as further amended by an • Addendum to Lease entered into by the Authority and the Commission and dated as of July 1,1994 (collectively, the "Lease"), pursuant to which the Authority leases to the Commission the local public improvement known as the College Football Hall of Fame Project (the "Project"); and WHEREAS, the Authority desires to approve and execute an addendum to the Lease (the "Addendum") in the form presented to the Authority at this meeting, to adjust the lease rental payments payable under the lease and make certain other changes to the Lease; and WHEREAS, the Authority intends to send written notice of redemption (the "Notice of Redemption") to Wells Fargo Bank Indiana, N.A., trustee of the Refunded Bonds (the "Trustee") as required by Section 4.02 of the Trust Agreement dated as of November 1, 2000 between the Authority and the Trustee (the "Refunded Bonds Trust Agreement"); NOW, THEREFORE, BE IT RESOLVED, by this South Bend Redevelopment Authority as follows: • Section 1. The Addendum is hereby approved in the form presented to this meeting and the President and Secretary-Treasurer are hereby authorized to execute and attest, respectively, said Addendum. The Lease shall be amended as of the date (the "Deposit Date")when the Authority deposits or causes to be deposited a portion of the proceeds derived from the sale of the Bonds-into the Escrow Fund. The Deposit Date shall be recorded as an endorsement to the Addendum. Section 2. The Authority hereby authorizes and directs the President of the Authority to execute and deliver the Notice of Redemption to the Trustee on the Deposit Date. Section 3. The Financial Advisor or the Trustee is each hereby authorized to enter into a subscription agreement on behalf of the Authority for the purchase of the Treasury Securities -State and Local Government Series to be deposited into the Escrow Fund for purposes of advance refunding the Refunded Bonds. • -2- :ODMA\PCDOCS\SBDOCS I \78428\1 • Section 4. This Resolution shall be in full force and effect after its adoption by the Authority. • -3- ::ODMA\PCDOCS\SBDOCS 1\78428\1 • ADOPTED at a meeting of the South Bend Redevelopment Authority held on November 20, 2000, in Room 1308, County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. By: ATTEST: Jose arez, Secretary • • -4- ::ODMA\PCDOCS\SBDOCS 1\78428\1 SOUTH BEND REDEVELOPMENT AUTHORITY