HomeMy WebLinkAboutCRC-2008-12 Rental Lease Bond/KeystoneRESOLUTION NO. ?ZOQ 97 /Z
RESOLUTION OF THE CITY OF C>ARMEL REDEVELOPMENT COMMISSION
APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A PROPOSED
LEASE, BETWEEN THE CITY OF CARM-EL REDEVELOPMENT AUTHORITY AND
THE CITY OF CARMEL REDEVELOPMENT COMMISSION, AND. AUTHORIZING
CERTAIN MATTERS RELATED THERETO
WHEREAS, the City of Carmel Redevelopnient.Authority (the "Authority") has been
created pursuant to IC 36-7-14.5 as. a separate body corporate and politic; and as an
instrumentality of the City of Cannel, Indiana (the "City"), to finance.local publie4nprovements
for lease to the City of Carmel- Redevelopment.Commission (the `Commission"); and
WHEREAS, on December 11,2008, the-Authority adopted a resolution,(a) indicating its
intent to issue-,its lease rental revenue=bonds (the "Bonds") to finance' (i) -tlre acquisition by the
Authority from the City of:a.portion of the existing Keystone Avenue right-of-way bctWeen 96`x'
Street and U'S. 31 in the City (the " Keystone Corridor"), sand the use by of the City of the
proceeds of such sale;to make 'additional ndprovements'to the Keystone Corridor (the "Project");
(ii)'adebt serviee:reserve =fund, (iii) capitalized interest on the._Bonds; if any, and (iv) the costs of
issuance,of the. Bonds, and (6approving a proposed lease (the; "Lease") between the -Authority
and the Coihniission' for the lease of-the Project (the "Leased PreMiSeS");_aIld
WHEREAS, the form of proposed Lease;.has been ,piesented; to the,Cbmrnission, at this
meeting; and
WHEREAS, the Commission scheduled a public heanng,regarding,the Lease to be held
on December 15, 2008, at -5:00 p.m. (local time), in_the Council Chambers at City Hall, located
at One Civic Square„Carmel, Indiana,'and published..noticc ofsuch public1earing on the Lease;
and
WHEREAS, on such date-, said public hearing`was_held and all interested parties were
provided the opporKunity to be heard at the hearing; and
WHEREAS, the Commission intends to pay rent to the Authority (the "Rental
Payments") pursuant to the terms of the Lease;: at a maximum annual rate-of'$10,060;000 in
semi-'annnual' installments with a term no longer than twenty-five (25) year0egnming on the date
on which the Commission,begins to make lease rental payments under the Lease; and ending on
the day prionto a date hot„later than twenty-five-(25), years-thereafter:.and
WHEREAS, the Commission desires to execute the Lease and, authorize the publication,
in accordance with 1C 36-7=14-25.2, of:a'N6hce;of Execution and Approval oftease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CARMEL
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 annual rate. of $10,060,000 in
semi-annual installments with a term no longer than twenty-five (25) years beginning on the date
on which the Commission begins to make lease rental payments under the Lease and ending on
the day prior to a date not later than twenty-five (25) years thereafter, are fair and reasonable,
and that the use of the Leased Premises throughout the term of the Lease will serve the public
purpose of the City and is in the best interests of its residents.
2. The Rental Payments shall be payable solely from a portion of the City's
distributive share of the county option income tax ("COLT") imposed on the adjusted gross
income of taxpayers in Hamilton County, Indiana, and received by the City under Indiana Code
6-3.5-6, as amended, and pledged to the Commission for the payment of such Rental Payments
(such pledged portion, the "COLT Revenues").
3. 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 of the City (the "Common Council") by the ordinance referred to in paragraph
4 hereof, to execute and deliver the 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 that the
Rental Payments shall not exceed the amounts set forth in paragraph 1 hereof.
4. The Secretary of the Commission is hereby directed to transmit to the Common
Council a copy of this Resolution and to request from the Common Council an ordinance
approving the Lease and pledging the COIT Revenues to the payment of the rentals due
thereunder.
5. The Commission hereby authorizes the publication, in accordance with IC 36-7-
14-25.2, of the Notice of Execution and Approval of Lease.
6. The President, Vice President and Secretary of this Commission;. and each of
them, is hereby authorized and directed to take all such further actions and to execute all such
instruments as are desirable to carry out 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.
7. This Resolution shall be in full force and effect after adoption by the Commission.
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ADOPTED this I Sth day of December, 2008.
CITY OF CARMEL REDEVELOPMENT
COMMISSION
resident
Vice President
M
Member
INDS01 BBINGIIAM I0803S2v3-
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