Loading...
HomeMy WebLinkAbout1992-07-16 Resolution 60RESOLUTION NO. 60 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY APPROVING THE AWARD OF A REDUCED AGGREGATE PRINCIPAL AMOUNT OF SOUTH BEND REDEVELOPMENT AUTHORITY LEASE RENTAL REVENUE BONDS (PARKING FACILITY REFUNDING) AND APPROVING THE EXECUTION OF AN ADDENDUM TO THE LEASE BETWEEN THE AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION AND OTHER RELATED MATTERS WHEREAS, the South Bend Redevelopment Authority (the "Authority") at a meeting on April 30, 1992, adopted Resolution No. 52 (the "Bond Resolution") authorizing the issuance and sale of bonds to be known as the "South Bend Redevelopment Authority Lease Rental Revenue Bonds (Parking Facility Refunding)" (the "Bonds") pursuant to IC 36-7-14.5 et seg., in the aggregate principal amount not to exceed Four Million Six Hundred Ninety- Five Thousand Dollars ($4,695,000), the proceeds of which are to • be used to refund the South Bend Redevelopment Authority Lease Rental Revenue Bonds (Parking Facility Project) (the "Refunded Bonds") issued in 1988 to finance the construction of a parking facility on real estate located at the northwest corner of St. Joseph Street and Wayne Street in South Bend, Indiana (the "Facility"), and to pay the costs of issuance of the Bonds; and WHEREAS, the Authority at a meeting on June 22, 1992, adopted Resolution No. 57 approving the award of the Bonds to Prudential Securities, Inc., (on its behalf and on behalf of three other underwriters) (the "Underwriter") in an aggregate principal amount of Four Million Six Hundred and Sixty Thousand Dollars ($4,660,000); and • WHEREAS, following the award of the Bonds, it has become apparent that additional funds are available under the trust agreement entered into by the Authority and Norwest Bank Indiana, N.A. , and dated as of June 1, 1988, for the Refunded Bonds (the "Refunded Bonds Trust Agreement"); and WHEREAS, to account for the use of such additional funds in the refunding of the Refunded Bonds to maximize savings to the Authority, it has become necessary to negotiate with the Underwriter to reduce the aggregate principal amount of the Bonds awarded to an amount equal to Four Million Ninety-Five Thousand Dollars ($4,095,000.); and WHEREAS, Evensen Dodge, Inc., financial advisor to the Authority, has determined the individual principal amounts of the • Bonds necessary to adequately fund the escrow fund and Coopers & Lybrand has verified that the individual principal amounts of the Bonds as determined by the Financial Advisor will provide sufficient funding of the escrow fund to refund the Refunded Bonds; and WHEREAS, the Underwriter has agreed to the award of the reduced aggregate principal amount of the Bonds and the Authority desires to approve the award of the Bonds in such reduced aggregate amount to the Underwriter; and WHEREAS, the Authority previously entered into a lease between the Authority and the South Bend Redevelopment Commission (the "Commission") dated as of June 1, 1988, as amended by an Addendum to Lease entered into by the Authority and the Commission -2- . and dated as of July 29, 1988 (collectively, the "Lease"), pursuant to which the Authority is leasing the. Facility to the Commission; and WHEREAS, the Authority desires to approve and execute an addendum to the Lease (the "Addendum"), a copy of which is attached hereto as "Exhibit A" and incorporated herein, reflecting lower annual lease rental amounts; and WHEREAS, the Authority intends to send written notice of redemption (the "Notice of Redemption") to Norwest Bank Indiana, N.A., trustee of the Refunded Bonds (the "Trustee") as required by Section 4.02 of the Refunded Bonds Trust Agreement; NOW, THEREFORE, BE IT RESOLVED, by this South Bend Redevelopment Authority as follows: . Section 1. The Authority hereby approves the award of the bonds in an aggregate principal amount of Four Million Ninety- Five Thousand Dollars ($4,095,000) and maturing February 1 in the years at the principal amounts and bearing interest at the rates as follows: Amount Years Interest Rate $ 90,000 1993 3.25% 195,000 1994 4.25% 205,000 1995 4.60% 210,000 1996 4.90% 120,000 1997 5.10% 235,000 1998 5.30% 250,000 1999 5.50% 255,000 2000 5.70% 275,000 2001 5.80% 235,000 2002 6.00% 290,000 2003 6.00% 325,000 2004 6.10% 340,000 2005 6.20% 160,000 2006 6.25% -3- 390,000 2007 370,000 2008 150,000 2009 6.30% 6.30 6.30% Section 2. The Addendum attached hereto as Exhibit A is hereby approved and the President or Vice President and Secretary- Treasurer are hereby authorized to execute 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 an escrow fund (the "Escrow Fund") to be established by that certain Irrevocable Escrow Deposit Agreement, such Agreement to be dated as of June 1, 1992, to reduce the annual rental payments payable in semi-annual installments. The Deposit Date shall be recorded as an endorsement to the Addendum. Section 3. 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 4. This Resolution shall be in full force and effect after its adoption by the Authority. -4- Adopted at a meeting of the Authority held on July 16, 1992, in the offices of the Authority, 1200 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND REDEVELOPMENT AUTHORITY By: I~'e W Jo ph W. Wroblewski, President ATT~ T: Donald K. Fewell, Secretary- Treasurer \rrrompol\sthbend\stjoeway\resoluti\luappadd;tmg;07/14/92 -5-