HomeMy WebLinkAboutCRC-2012-09 $21,5000,000 Lease Rental RESOLUTION NO. 2012- L1
RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION •
AMENDING RESOLUTION NO. 2012-6 PREVIOUSLY ADOPTED BY THE
CITY OF CARMEL REDEVELOPMENT COMMISSION
WHEREAS, within the City of Carmel, Indiana, a governmental unit and political
subdivision of the State of Indiana (the "City"), there has been created the City of Carmel
Redevelopment District (the "District"), governed by the City of Carmel Redevelopment
Commission (the "Commission"); and
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, to finance local public improvements for lease to the Commission;
and
WHEREAS, on September 19, 2012, the Commission previously adopted Resolution No.
2012-6 (the "Original Resolution") for the purpose of approving the terms of a lease agreement
(the "Lease") between the Authority, as lessor, and the Commission, as lessee, for the lease of
the Leased Premises (as defined in the Lease), which lease rental payments under the Lease will
secure the Bonds (as defined in the Original Resolution) to be issued by the Authority for the
purposes of providing funds for the Project (as defined in the Original Resolution); and
WHEREAS, the Original Resolution authorized the lease rental payments (the "Lease
Rentals") to be paid by the Commission to the Authority during the term of the Lease at a
maximum annual rate of Seventeen Million Five Hundred Thousand Dollars ($17,500,000); and
WHEREAS, based upon changes to the anticipated amortization schedule for the Bonds
since the adoption of the Original Resolution, it is necessary to increase the authorized annual
rate of Lease Rentals payable during the term of the Lease as provided herein; and
WHEREAS, the Commission desires to adopt this resolution (the "Supplemental
Resolution") to supplement and amend the Original Resolution (the Original Resolution and the
Supplemental Resolution, collectively, the "Resolution") for the purpose of authorizing an
increase in the annual rate of Lease Rentals payable during the term of the Lease.
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 Twenty-One
Million Five Hundred Thousand Dollars ($21,500,000), which Rental Payments shall be payable
in semi-annual installments, for 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 service to be provided 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 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 the Lease 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 the Lease shall not exceed the parameters set forth in paragraph I of this
Supplemental Resolution.
3. This Supplemental Resolution is hereby intended to amend and supplement the
Original Resolution, and to the extent of any inconsistencies or conflicts, if any, between any
provision or provisions of this Supplemental Resolution and the Original Resolution, the
provisions of this Supplemental Resolution shall be controlling and binding. Except as otherwise
provided herein, all of the terms, conditions and provisions of the Original Resolution are hereby
ratified and affirmed, and shall continue in full force and effect.
4. This Supplemental Resolution shall be in full force and effect after adoption by
the Commission.
ADOPTED this 14th day of November, 2012.
CITY OF CARMEL REDEVELOPMENT
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