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HomeMy WebLinkAboutCRC-2014-11Grand & Main Allocation Fund RESOLUTION NO. 2014-11 A RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION PLEDGING CERTAIN TAX INCREMENT REVENUES TO THE PAYMENT OF ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF CARMEL WHEREAS, the City of Carmel Redevelopment Commission (the "Commission"), governing body of the City of Cannel Department of Redevelopment (the "Department"), has created the Old Meridian Economic Development Area, has designated a portion of such area as the Grand & Main Allocation Area (the "Allocation Area") for purposes of the allocation and distribution of property taxes under IC 36-7-14-39, and has created the Grand.& Main Allocation Fund (the "Allocation Fund") pursuant to IC 36-7-14-39; and WHEREAS, Edward Rose Development Company, L.L.C. (the "Company") intends to finance all or a portion of the costs of the design and construction of the projects listed in Exhibit A hereto (collectively, the "Projects"), which will be located in or physically connected to the Allocation Area; and WHEREAS, the City of Cannel Economic Development Commission has approved the issuance of the City of Cannel, Indiana, Economic Development Revenue Bonds, Series 2014 (Edward Rose Development Company, L.L.C. Project), in one or more series (the "Bonds"), the proceeds of which will be provided to the Company and applied to costs of the Projects; and WHEREAS, as an inducement to the Company to locate the Projects and related mixed use development in the City of Cannel, the Commission has agreed to pledge a portion of the tax increment revenues generated from the Allocation Area to the payment of the Bonds; NOW, THEREFORE, BE IT RESOLVED by the City of Cannel Redevelopment Commission, as follows: 1. All real property tax increment revenues generated from the Allocation Area and deposited in the Allocation Fund pursuant to IC 36-7-14-39 shall be set aside and used only as set forth in this Resolution. 2. Seventy-five percent (75%) of the real property tax increment revenues generated from the Allocation Area and deposited in the Allocation Fund pursuant to IC 36-7-14-39 (the "TIF Revenues") shall be set aside and used only as set forth in this Resolution. The remaining twenty-five percent (25%) of the real property tax increment revenues generated from the Allocation Area (or the assessed value attributable thereto) may be used by the Commission for any purpose permitted by law, including the release of assessed value to the taxing units as provided under the Act. 3. On each January 15 and July 15, beginning July 15, 2016, all TIF Revenues shall be immediately transferred to the trustee for the Bonds (the "Trustee") for deposit into the funds and accounts and application in accordance with the trust indenture for any series of Bonds (the "Indenture"). 3. Pursuant to IC 36-7-14-39(b)(3)(D) and IC 5-1-14-4, the Commission hereby pledges the TIF Revenues deposited into the Allocation Fund to the Trustee for disposition in accordance with the Indenture. 4. Upon the defeasance of the Bonds, any TIF Revenues remaining in the funds and accounts under the Indenture shall be returned to the Commission for deposit into the Allocation Fund and may be used by the Commission for any purpose permitted by law. 5. The officers of the Commission and the Department are hereby authorized and directed to take such further actions and execute such further documents as they deem necessary or appropriate to effectuate the issuance of the Bonds and the construction of the Projects, including without limitation one or more project agreements, consistent with the terms of this Resolution. 6. This resolution shall take effect immediately upon adoption by the Commission. Adopted the 20th day of August, 2014. CITY OF CARMEL REDEVELOPMENT COMMISSION / if,1\ 101/ /147k2, President ` $ c . Vice President Secretary w 1 f .d ember I ..,4 1 ill gir, Me to EXHIBIT A DESCRIPTION OF THE PROJECTS The design and construction of public streets, including the extension of Grand Boulevard and the potential contribution to Main Street improvements as well as on-site Urban Collector Streets as required by the Carmel Clay Comprehensive Plan, and the design and construction of a parking structure, all to support a proposed mixed use development generally to be located in the southeast quadrant of the intersection of Main Street and Grand Boulevard, in the City of Carmel, Indiana. INDS01 BDD 1470238v1