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HomeMy WebLinkAboutResolution No. 2025-1 (Authorizing Issuance of Bonds)RESOLUTION NO.2025-1 RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING CERTAIN ACTIONS AND PROCEEDINGS WITH RESPECT TO CERTAIN PROPOSED TAXABLE ECONOMIC DEVELOPMENT TAX INCREMENT REVENUE BONDS AND RELATED MATTERS WHEREAS, the City of South Bend, Indiana (the "City"), is authorized by I.C. 36-7-11.9 and I.C. 36-7-12 (collectively, the "Act") to issue revenue bonds for the financing of economic development facilities, and to provide the proceeds of the revenue bond issue to another entity to finance the acquisition, construction, renovation, installation and equipping of said facilities; and WHEREAS, The City, the South Bend Redevelopment Commission (the "Redevelopment Commission") and J.C. Hart Company, Inc. (together with any affiliate thereof as permitted by the Development Agreement (as defined herein), collectively, the "Developer"), have entered into an Economic Development Agreement, dated as of January 9, 2025 (the "Development Agreement"); and WHEREAS, the Developer desires to finance (i) a portion of the costs of the development and construction of 2 buildings housing approximately 291 apartments and an approximately 398 space structured garage (the "Project"), which Project shall be located in the Riverwalk Allocation Area designated by the Redevelopment Commission; and WHEREAS, the Developer has advised the South Bend Economic Development Commission (the "Commission") and the City that it proposes that the City issue economic development tax increment revenue bonds in an amount not to exceed Seventeen Million Dollars ($17,000,000) (the "Bonds") under the Act for the purpose of procuring funds to (a) pay all or a portion of the cost the Project, (b) pay capitalized interest on the Bonds, if necessary, for a period of not to exceed one (1) year following project completion, and (c) pay all incidental expenses on account of the issuance of the Bonds; and WHEREAS, the Commission has studied the Project and the proposed financing of the Project and its effect on the health and general welfare of the City and its citizens; and WHEREAS, the completion of the Project is expected to result in the further diversification of industry and the creation of approximately six (6) new permanent jobs and approximately 225 temporary construction jobs and the expansion of further business opportunities in the City; and WHEREAS, pursuant to I.C. § 36-7-12-24, the Commission published notice of a public hearing (the "Public Hearing") on the proposed issuance of the Bonds to finance the Project; and WHEREAS, on the date hereof the Commission held the Public Hearing on the Project and considered any adverse competitive effect the Project may have on similar facilities in the area served by the Project; NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION, AS FOLLOWS: SECTION 1. The Commission hereby finds, determines, ratifies and confirms that the diversification of business, the creation of business opportunities and the creation of opportunities for gainful employment within the jurisdiction of the City are desirable, serve a public purpose, and are of benefit to the health and general welfare of the City; and that it is in the public interest that the City take such action as it lawfully may to encourage the diversification of industry, the creation of business opportunities, and the creation of opportunities for gainful employment within the jurisdiction of the City. SECTION 2. In making the findings herein, the Commission has considered any adverse competitive effect the Project may have on any similar facilities already constructed or operating in or near the City. SECTION 3. The Commission hereby approves the findings of fact and report with respect to the Project presented at this meeting. The Secretary of this Commission shall submit such report to the executive director or chairman of the plan commission of the City. SECTION 4. The Commission finds, determines, ratifies and confirms that the issuance and sale of the Bonds in an amount not to exceed Seventeen Million Dollars ($17,000,000) and the use of a portion of the proceeds of the Bonds to pay costs related to the issuance of the Bonds, pay capitalized interest on the Bonds, if necessary, for a period of not to exceed one (1) year following project completion, and to provide (or be deemed to provide) the remaining proceeds of the Bonds to the Developer for the financing of a portion of the cost the Project will be of benefit to the health and general welfare of the City, will serve the public purposes referred to above in accordance with the Act, and will fully comply with the Act. SECTION 5. The financing of a portion of the costs of the Project through the issuance of the Bonds, in one or more series, in an amount not to exceed Seventeen Million Dollars ($17,000,000), is hereby approved and recommended to the Common Council to the City (the "Common Council"). SECTION 6. The Commission hereby approves and recommends to the Common Council the terms of the following documents in the form presented at this meeting: (i) a Trust Indenture between the City and a trustee to be selected (with a form of the Bonds therein); (ii) a Loan Agreement between the City and the Developer; and (iii) an Ordinance of the Common Council. SECTION 7. Any officer of the Commission is hereby authorized and directed, in the name and on behalf of the Commission, to execute any and all other agreements, documents and instruments, perform any and all acts, approve any and all matters, and do any and all other things deemed by them, or any of them, to be necessary or desirable in order to carry out and comply with the intent, conditions and purposes of this resolution (including the preambles hereto and the documents mentioned herein), the Project and the issuance and sale of the Bonds, and any such execution, performance, approval or doing of other things heretofore effected be, and hereby is, ratified and approved. SECTION 8. The Secretary of this Commission shall transmit this resolution, together with the forms of the documents approved by this resolution, to the Common Council. 4 SECTION 9. This resolution shall be in full force and effect upon adoption. Adopted this 6th day of February, 2025. SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION � A�\ Vice PresE nt ATTEST: Secretary DMS 45978519