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HomeMy WebLinkAboutResolution 2017-17 (Spine Group II TIF pledge)RESOLUTION NO. 2017-17 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") has created the Old Meridian Economic Development Area, has designated a portion of such area as the Meridian & Main—Indiana Spine Group II 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 Meridian & Main—Indiana Spine Group 11 Allocation Area Fund (the "Allocation Fund") pursuant to IC 36-7-14-39; and WHEREAS, ISH Real Estate Investments, LLC, or an affiliate thereof (the "Borrower") 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 Carmel Economic Development Commission has approved the issuance of the City of Carmel, Indiana, Taxable Economic Development Revenue Bonds, Series 2017 (Indiana Spine Group II Project), in one or more series (the "Bonds"), the proceeds of which will be lent to the Borrower and applied to costs of the Projects; and WHEREAS, as an inducement to the Borrower to locate the Projects in the City of Carmel, the Commission has agreed to pledge a portion of the tax increment revenues generated from the real property of the Borrower in the Allocation Area to the payment of the Bonds; NOW, THEREFORE, BE IT RESOLVED by the City of Carmel 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. Fifty percent (50%) 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 fifty percent (50%) 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, 2018, 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)(2)(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 moneys 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. This resolution shall take effect immediately upon adoption by the Commission. Adopted the 18th day of October, 2017. CITY OF CARMEL REDEVELOPMENT COM ISS ON President - 10 C720��" - Vice President Me b EXHIBIT A DESCRIPTION OF PROJECTS Proposed Infrastructure Improvements Site work, utility work and related infrastructure improvements located on or serving and benefiting the Meridian & Main — Indiana Spine Group II Allocation Area within the Old Meridian Economic Development Area. The Old Meridian Economic Development Area is situated at the northeast corner of U.S. 31 and Main Street. DMS PBERNARD 109110550