HomeMy WebLinkAboutCRC-2008-10 Arts District Lofts & Shoppes TIFRES OLUT.I ON`N0.2008-10
A RESOLUTION OF`TIiE,CITY OF CARMEL REDEVELOPMENT COMMISSION
PLEDGING CERTAKTAX 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
previously created the O1d.Town Economic Development Area (the "Economic Development
Area"), has designated a,portion,of the Eeonomic"Development Area, as the Arts District Lofts
and Slgppes Tax Allocation Area ("the..Allocation Area") for purposes of the allocation and
distr bution of property taxes under IC 36=7-14-39, and has created' an allocation fund (the
"Allocation Fund") for the Allocation, Area pursuant to IC.36-7=l 4-39,; and
WHEREAS, Keystone Group, LLC,; or an affiliate thereof (the Company") intends to
eonstivct a mixed use developntentrin the,Allocation Area that will create an estimated 275 full
time equivalent new jgbs'in the City of Carmel (the "Project"); and
WHEREAS, the City ofeCarrnel Economic ,DevelopmentCommission.has approved the
issuance of the City of Carmel, Indiana, Taxable Economic Development'Revenue Bonds (Arts
District Lofts &,.Shoppesr Project), in one or more series (the "Bonds-7), the proceeds of which
wiil be lent to the Company and applied to certain costs of the Project, pursuant to a trust.
indenture (the "Indenture") between the City of Carmel and a trustee to be selected (the
"Trustee"); and
WHEREAS, as an inducement to the
Carniel,'the Commission has agreed to pledge
Allocation.Area to the payment; of the Bonds--
Company to locate the Project; in, the; City of
the tax. increment revenues generated from the
NOW, THEREFORE, 13E IT RESOLVED by the City of 'Carmel Redevelopment
Commission, as follows:
1: There are hereby created within the Allocation Fund the following accounts (1) a
Bond.Account (the ...Bond Account"), and (2) a.General.Account (the-"General Account"). All
real property tax increment revenues; generated from the Allocation Area and deposited in
Allocation Fund pursuant to IC 36-7-14739 (ihe`T1F Revenues") shall beset aside amd used as
follows: on each January 15 and 7uly'15, beginning July 15, 2411, TIF.Revcnues -in an amount'
sufficient to meet all requirements-set forth in the lndenture shall be immediately-transferred to
the Trustee for deposit._and application in accardance.with the Indenture. On,-each. February 1
and August 1, any T1F Revenues ;remaining in Allocation Fund after malting the required.
deposits under this section shall be deposited itt the General Account and, Aall lie used by the
Commission (a) toreimburse the Company for any amounts previously paid by the Company on
the Company's note to_make required payments on the rBonds-due to aishortfall 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 Bonds. Notwithstanding the•foregoing, if at any'time.moneys inlhe Bond Accounvand
the Bond Fund for`the`Bonds are;notlsufficient to pay the maximum debt service.coming due on
the-Bonds during the following six month period, my'moneys in, the,.General Accounf-shall be
immediately transferred to the Bond Account. Upon die defeasance of the Bonds, the Bond
Account and the General Account of Allocation Fund shall be dissolved, and any moneys
remaining in such accounts shall remain in Allocation Fund and may be used by the Commission
for any purpose permitted by law.
2. 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 Bond Account of the Allocation Fund to the
payment of die Bonds.
3. The officers of the Commission are hereby authorized to take such further actions
and execute such further documents as they deem necessary or appropriate to effectuate the
pledge of the TIF Revenues set forth in this resolution.
4. This resolution shall take effect, immediately upon adoption by the Commission.
Adopted the 15th day of October, 2008.
CITY OF CARMEL REDEVELOPMENT
COMMISSION
P I ident
Vv
A
Vice President
INDS01 ODD 10708:6v1