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HomeMy WebLinkAboutCRC-16-2006RESOLUTION NO: 16-2006 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+CAILMEL WHEREAS, the City of Carmel Redevelopment Commission (the "Commission") has previously created, the Gramercy Economic Development Area (the" "Economic; Development Area"), Fins designated a portion of the Economic Development Area as•the Gramercy Allocation Area ("the: Allocation Area") for purposes of the allocation and,distribution'of property taxes under IC; 36-7-14-39, and has .ere red :the Gramercy Allocation. Area Allocation- Fund (the "Allocation Fund") pursuant to IC 36-7-14=30;1 and WHEREAS, Gramercy DevelopmentPartners, LLC (the- "Company"-) intends to construct -a mixed use development in the Economic Development Area that will create an estimated 606 frill time equivalent-new: jobsin the Cityof Carmel {the "ProjecC); and WHEREAS, the City of'Carmel. Economic Development Commission; has approved the issuance of the City of Cajmiie , Indiana, Taxable Economic'Development' Revenue Bonds, Series 2606 B (Gramercy Development Partners, LLC Project) (the "2006 B Bonds"), the proceeds of which will be lent to the Company and applied ao certain infrastrgcture costs to support the Project; and WHEREAS, as an inducement to the Company-to locate the Project in the, City of Carmel, the Corrimi'ssion has,agrped to"pledge the,tax incr_ernent revenues generated:from`the Allocation Area to the payment of the.2006.B Bonds; NOW., THEREFORE, BE IT RESQLVED by the City of Carmel Redevelopment Commission, as "follows: 1- There areaiereby created within the Allocation, Fund the following accounts (1) a. 2006 B Bond Account (the "2006 B:Bond Account"), and' (2) a General. Accotint.(the "General Account")., All-real property tax increment revenues generated from the Allocation Area, as such Allocation Area may be expanded from time to time, and deposited in Allocation'Fund pursuant to IC 36,-7-.14-39 (the."TIF1Revenues")~shall be°set aside and used as,follows: on each January ES and;July 151beginning July, 15,-2008; TIF-Revenucs'in an amount which, together?witb any amounts already on deposit in dbe"Bond Fund for the.20Q6 B Bonds; is sufficient to pay, the maximum debt. service. comitig ducton the-2006 B:Bonds during thefbilowingsix month period, .shall be deposited into the 2006 B' Bond Account and munediat'elytransferred to the trustee for the 2006B Bonds-for deposit in the Band Fund under the trust indenture for the-2006 B Bonds. On each February- Pand August 1, any TIT Revenues remaining; in Allocation.Fund after making the required deposits, under ihis, section shall be deposited„in the General Account and shall be used by'the,Commission (a)'to'reimburse the Company for any amounts previously'paid by-the Company on tbe•Company.'s Note. Series 2006 13 to make required p_ayuiepts<on the 2006 B Bonds due to a shortfall in TIF Revenues deposited-,into Allocation Fund, to the extent, such amounts have not been previously reimbursed to. the Company, and (b) after making such - required reimbursements, to pay debt service on or redeem 2006 B Bonds. Notwithstanding the foregoing,-if at:anytime moneys in the 2006 B Bond.Account'and the:Bond'Fund for the 2006 B Bonds are not sufficient to pay the maximum debt-service coming due on-the 2006 B Bonds during the following-six month.pcriod, any moneys in the General.Accodrit shall be immediately transferred to thc2006 B.Bond Account. Upon the defeasanee;ofthe 2006 B Bonds, the 2006 B Bond Account and the General Account of Allocation Fund.shall bc-dissolved; and ;any moneys remaining'm'such accounts shall remain. in Allocation Fund and nay.be used by the Commission for any purpose permitted by law: 2. Pursuant to IC 3677-14-39(h)(2)(D) and IC 50-14-4, the Commission hereby pledges the TTF. Revenucs deposited into the 2006 B Account of the, Allocation Fund to the payfnent of the 20063 Bonds. 3. The officers of the Commission are Iiereby'authoriaed,to take>such further actions and. execute:such.further documents as they deem necessary or appropriate to effectuate the .pledge of the'T.IF Revenues set forth in this=resolution. 4. This resolution sli0lake'effeet immediately upon adoption by the Commission. Adopted the 5th.day.of October, 2006. CITY, OF CARMEL REDEVELOPMENT COMMISSION 19DSOI ADD 885985v1 z ? ?, ?__ Secretary