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HomeMy WebLinkAboutResolution 2020-13 (use of SRF for debt service payments)RESOLUTION NO. 2020-13 A RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION AUTHORIZING USE OF FUNDS IN THE CARMEL REDEVELOPMENT COMMISSION SUPPLEMENTAL RESERVE FUND TO FUND CASH FLOW DEFICITS WHEREAS, the City of Carmel, Indiana (the “City”) and the City of Carmel Redevelopment Commission (the “Commission”) have executed an Amended & Restated Revenue Deposit Agreement, dated as of April 9, 2019 (the “RDA”) which governs the required uses and priorities of TIF Revenue (as defined therein) of the Commission; and WHEREAS, the RDA created a Supplemental Reserve Fund (as defined therein) into which certain amounts of the TIF Revenue are required to be deposited and held by the Commission; and WHEREAS, the Commission desires to make a portion of the Supplemental Reserve Fund available to the Commission to allow the Commission to fully fund its upcoming debt service payments on obligations payable from the TIF Revenue (the “CRC Debt Service Obligations”), pending receipt of delayed property tax payments due to the COVID-19 pandemic; and WHEREAS, the Common Council of the City (the “Common Council”) is anticipated to adopt a substantially identical resolution approving this proposed use of the Supplemental Reserve Fund; and WHEREAS, the Commission now desires to approve the proposed use of the Supplemental Reserve Fund on the terms and conditions set forth herein. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment Commission, governing body of the City of Carmel Department of Redevelopment, as follows: Section 1. Authorization of Use of Supplemental Reserve Fund. Notwithstanding the provisions of the RDA, the Commission hereby authorizes the use of a portion of the Supplemental Reserve Fund to finance the CRC Debt Service Obligations, subject to the following conditions: (a) the maximum amount of Supplemental Reserve Fund monies that may be used to for this purpose shall not exceed $1,500,000, (b) the amount so used from the Supplemental Reserve Fund shall be fully replenished from the first TIF Revenues received by the Commission from delayed property tax collections, and (c) the Common Council shall have approved the proposed use of the Supplemental Reserve Fund on substantially the same terms and conditions set forth herein. Section 2. Authorization of Other Actions. Each of the President, Vice President and Secretary of the Commission is hereby authorized and directed, for and on behalf of the Commission, to execute and deliver any document and to take any action as such person determines to be necessary or appropriate to accomplish the purposes of this Resolution, such determination to be conclusively evidenced by such person’s execution of such document or such person’s taking of such action. Section 3. Effectiveness. This Resolution shall be in full force and effect from and after its adoption by the Commission. DocuSign Envelope ID: 5801234F-CB21-44CD-87E8-96172CAD0A30 2 ADOPTED this 17th day of June, 2020. CITY OF CARMEL REDEVELOPMENT COMMISSION President Vice President Secretary Member Member DMS 17524114v1 DocuSign Envelope ID: 5801234F-CB21-44CD-87E8-96172CAD0A30