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Approving the form of and authorizing the execution of an Assignment of Ground Sublease and a revised Lease and Trust Indenture by the City of South Bend
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Approving the form of and authorizing the execution of an Assignment of Ground Sublease and a revised Lease and Trust Indenture by the City of South Bend
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4/25/2017 4:19:54 PM
Creation date
4/21/2017 12:39:17 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
9/23/1974
Ord-Res Number
443-74
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pursuant to an Agreement dated April 8, 1969 ( "the Ground Lease "), <br />and subleased by St. Joseph Bank and Trust Company to the St. Joseph - <br />Brown Building Company pursuant to a Lease and Agreement dated <br />January -24, 1974 ( "the Ground Sublease "), it is necessary for the <br />City to enter into an Assignment of Ground Sublease dated September 1 <br />1974 from the Company to the City ( "the Assignment of Ground Sublease "); <br />and <br />WHEREAS, it is necessary for the City to approve the <br />revised form of Lease, Sublease and Indenture dated September 1, <br />1974 in substantially the form herein presented: <br />NOW, THEREFORE, Be It Resolved by the Common Council of <br />the City of South Bend, Indiana, as follows: <br />Section 1. There is hereby authorized the execution and <br />delivery of the Indenture, the Lease and the Assignment of Ground <br />Sublease, in substantially the form attached hereto as Exhibit A, B <br />and C respectively, which instruments are hereby approved and incorp- <br />orated by reference and made a part hereof. <br />Section 2. The Sublease is hereby approved and incorpor- <br />ated by reference and made a part hereof in substantially the form <br />attached hereto as Exhibit D. <br />Section 3. The Series 1974 Bonds to be issued for the <br />Project shall be dated September 1, 1974, as provided in the In- <br />denture. <br />Section 4. The provisions of this Resolution are hereby <br />declared to be separable and if any section, phrase or provision <br />shall for any reason be declared by a court of competent juris- <br />diction to be invalid or uneforceable, such declaration shall not <br />effect the validity of the remainder of the sections, phrases and <br />provisions. <br />E <br />
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