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HomeMy WebLinkAboutResolution 2021-2 (2021 CRA Lease Rental Bonds - road bonds)RESOLUTION NO. 2021-2 RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF ONE OR MORE PROPOSED LEASE AGREEMENTS BETWEEN THE CITY OF CARMEL REDEVELOPMENT AUTHORITY AND THE CITY OF CARMEL REDEVELOPMENT COMMISSION, AND AUTHORIZING CERTAIN MATTERS RELATED THERETO WHEREAS, the City of Carmel Redevelopment Authority (the “Authority”) has been created pursuant to Indiana Code 36-7-14.5 as a separate body corporate and politic, and as an instrumentality of the City of Carmel, Indiana (the “City”), to finance local public improvements for lease to the City of Carmel Redevelopment Commission (the “Commission”); and WHEREAS, the Authority has adopted, or is expected to adopt, a resolution (a) approving one or more lease agreements (collectively, the “Lease”) between the Authority, as lessor, and the Commission, as lessee, for the lease of the Leased Premises (as defined in the Lease), and (b) indicating its intent to issue one or more series of its lease rental bonds, all or any portion of which may be taxable or tax-exempt for federal income tax purposes, in the maximum original principal amount of $60,000,000 (collectively, the “Bonds”), to provide funds for the purposes of: (1) financing the acquisition by the Authority from the City of all or any portion of the Leased Premises, and the use by the City of the proceeds of such sale to finance or reimburse the cost of the acquisition, design, construction, renovation, improvement and/or equipping of the projects identified on Exhibit A hereto and made a part hereof (clause (1), collectively, the “Projects”); (2) if necessary, paying capitalized interest on the Bonds; and (3) paying all costs incurred on account of or in connection with the issuance and sale of the Bonds, including the premiums for any credit enhancement or credit facility purchased in connection with the issuance of the Bonds (clauses (1) through and including (3), collectively, the “Program”); and WHEREAS, the form of proposed Lease has been presented to the Commission at this meeting; and WHEREAS, after publishing notice of a public hearing in accordance with Indiana law, the Commission held a public hearing on January 20, 2021, regarding the Lease and the Bonds at which the Commission provided all interested parties the opportunity to be heard at such hearing; and WHEREAS, pursuant to the terms of the Lease, the Commission intends to pay lease rental payments to the Authority (the “Rental Payments”) at a maximum aggregate annual rate of Six Million Dollars ($6,000,000), which Rental Payments shall be payable in semi-annual installments, with a term beginning on the date the first series of Bonds are issued and ending on the day prior to a date not more than twenty-two (22) years thereafter; provided, however, that the lease rental schedule allocable to any given series of the Bonds may not exceed twenty (20) years; and WHEREAS, the Commission desires to execute the Lease and authorize the publication, in accordance with Indiana Code 36-7-14-25.2, of a Notice of Execution and Approval of Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CARMEL DocuSign Envelope ID: 85384490-EE88-4D4B-816B-7E457EAF2DFD 2 REDEVELOPMENT COMMISSION AS FOLLOWS: 1. The Commission hereby finds and determines that the terms of the Lease are based upon the value of the Leased Premises, that the Rental Payments to be paid by the Commission, pursuant to the terms of the Lease, at a maximum aggregate annual rate of Six Million Dollars ($6,000,000), which Rental Payments shall be payable in semi-annual installments, with a term beginning on the date the first series of Bonds are issued and ending on the day prior to a date not more than twenty-two (22) years thereafter; provided, however, that the lease rental schedule allocable to any given series of the Bonds may not exceed twenty (20) years, are fair and reasonable, and that the service to be provided throughout the term of any Lease will serve the public purpose of the City and is in the best interests of its residents. Notwithstanding anything herein to the contrary, the Authority and the Commission may execute separate Leases in order to effectuate the intent of this Resolution, so long as the terms and conditions of all such Leases, in the aggregate, are consistent with the terms and conditions of this Resolution. 2. The Rental Payments during the term of the Lease shall be secured solely by a pledge of the revenues derived by the Commission from the levy of a special benefits tax pursuant to Indiana Code 36-7-14-27. 3. The Projects are hereby approved. 4. The President or Vice President and the Secretary of this Commission are hereby authorized and directed, on behalf of the City, and subject to obtaining approval from the Common Council, to execute and deliver each Lease in substantially the form presented at this meeting with such changes in form or substance as the President or Vice President of this Commission shall approve, such approval to be conclusively evidenced by the execution thereof; provided, however, the annual Rental Payments and term of all Leases, in the aggregate, shall not exceed the parameters set forth in paragraph 1 hereof. 5. The Secretary of the Commission is hereby directed to transmit to the Common Council a copy of this Resolution and to request that the Common Council adopt a resolution or ordinance approving the Lease, prior to the execution thereof. 6. The Commission hereby authorizes the publication, in accordance with Indiana Code 36-7-14-25.2, of one or more Notices of Execution and Approval of Lease. 7. The President, Vice President and Secretary of this Commission, and each of them, is hereby authorized and directed to take any and all such further actions and to execute all such instruments, documents or certificates as may be necessary, desirable or appropriate to carry out the Program and the transactions contemplated by this Resolution, in such forms as the President, Vice President or Secretary executing the same shall deem proper, such desirability to be conclusively evidenced by the execution thereof, and any and all actions previously taken by any member of the Commission or representatives of the Commission in connection with the foregoing resolutions, including, but not limited to, publication of the notice of the public hearing held in connection with such resolutions, be, and hereby are, ratified and approved. 8. This Resolution shall be in full force and effect after adoption by the Commission. DocuSign Envelope ID: 85384490-EE88-4D4B-816B-7E457EAF2DFD 3 ADOPTED this 20th day of January, 2021. CITY OF CARMEL REDEVELOPMENT COMMISSION President Vice President Secretary Member Member DMS 18924928.1 DocuSign Envelope ID: 85384490-EE88-4D4B-816B-7E457EAF2DFD