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HomeMy WebLinkAboutCRC-2011-4 TIF Revenue/Payment of EDA BondsRESOLUTION NO. 26II- y 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 CARMEL WHEREAS, the City of Carmel Redevelopment Commission (the "Commission ") has created the Integrated 126th Street Corridor Economic Development Area, has designated a portion of such area as the 116th Street Centre Allocation Area (the "Allocation Area ") for purposes of the allocation and distribution of property taxes under IC 36- 7- 14 -39, and has created the 116th Street Centre Allocation Area Fund (the "Allocation Fund ") pursuant to IC 36- 7-14-39; and WHEREAS, One One Six College Apartments, LLC (the "Company ") intends to finance all or a portion of the costs of the design and construction of the projects listed in Exhibit A hereto (collectively, the "Project "), which will be located in or physically connected to the Allocation Area; and WHEREAS, the City of Carmel Economic Development Commission has approved the issuance of the City of Carmel, Indiana, Taxable Economic Development Revenue Bonds (116th Street Centre Project), in one or more series (the "Bonds "), the proceeds of which will be lent to the Company and applied to costs of the Project; and WHEREAS, as an inducement to the Company to locate the Project in the City of Carmel, the Commission has agreed to pledge a portion of the tax increment revenues generated from the real property of the Company in the Allocation Area to the payment of the Bonds; NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment Commission, as follows: 1. All real property tax increment revenues generated from the Allocation Area and deposited in the Allocation Fund pursuant to IC 36- 7 -14 -39 (the "TIF Revenues ") shall be set aside and used only as set forth in this Resolution. 2. On each January 15 and July 15, beginning July 15, 2012, all TIF Revenues shall be immediately transferred to the trustee for the Bonds (the "Trustee ") for deposit into the funds and accounts and application in accordance with the trust indentures for each series of the Bonds (collectively, the "Indentures "). 3. 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 Allocation Fund to the Trustee for disposition in accordance with the Indentures. 4. Upon the defeasance of the Bonds, any moneys remaining in the funds and accounts under the Indentures shall be returned to the Commission for deposit into the Allocation Fund and may be used by the Commission for any purpose permitted by law. 5. This resolution shall take effect immediately upon adoption by the Commission. Adopted the 31st day of March, 2011. CITY OF CARMEL REDEVELOPMENT COMMIS ION 4./ President Vice President Secr ta ember EXHIBIT A DESCRIPTION OF INFRASTRUCTURE IMPROVEMENTS Proposed Infrastructure Improvements Infrastructure and hardscape including earthwork, sanitary sewers, storm sewers and underground detention, water mains, College Avenue reconstruction including demolition, line stabilization, paving and curbs, and construction of the east/west service drive coming off of College Avenue, building footings and foundations, concrete slabs, site engineering, general requirements and contractor overhead. INDSOI AWILLIAMS 1262223x1