No. 2868 amending the declaration of protective/restrictive covenants of the Blackthorn Corporate Center

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A 1. Article IV, Use Restrictions, as previously amended by Doc 9707058, shall be amended as follows: 4.4 Permitted Uses. For purposes of setting forth the permitted and prohibited uses of Blackthorn, Declarant has divided the permitted uses into six categories, designated as (A) "Corporate Office," (B) "Support Office/Research," (C) General Business," (D) "Hotel," (E) "Conference and Catering," and (F) "Educational Use." 4.7 Description of Uses. The following describes each of the six use categories. Parking structures are excluded from the calculation of the total gross floor area of a building. 4.7.6 Educational Use. Educational Use shall include such Educational Use, including the operation of a middle school (grades 7 -9) and high school (grades 10 -12), as well as adult education programs, as is authorized in areas zoned as "LI Light Industrial" per S.B. Municipal Code Section 21- 04.01(a)(1)(B). 2. Educational Use is permitted for the following lot (the "School Property "): Lot Numbered Three A (3A) as shown on the recorded Plat of Blackthorn Corporate Office Park Minor Subdivision #7 First Replat recorded August 5, 2008 as Document Number 0825691 in the Office of the Recorder of St. Joseph County, Indiana. 3. For purposes of the restriction set forth in that certain Contract For Sale Of Land dated July 2, 1990 between the SOUTH BEND REDEVELOPMENT COMMISSION as seller and Crescent Michiana Properties, LLC, as buyer, recorded in the Office of the Recorder, St. Joseph County, Indiana as Document No. 9837241 (the "Sale Contract "), Paragraph 7, stating that the use of the property conveyed pursuant to the Sale Contract shall be limited to uses permitted by the Airport Economic Development Area Plan (the "Plan "), it is hereby certified by the SOUTH BEND REDEVELOPMENT COMMISSION and the City of South Bend, Department of Redevelopment, that the restrictions applicable under the Plan are as set forth in the Covenants, and accordingly, by this amendment of the Covenants, the use restriction set forth in the Sale Contract and incorporated in the Quit Claim Deed from the City of South Bend, Department of Redevelopment, to Crescent Michiana Properties, LLC, recorded in the Office of the Recorder, St. Joseph County, Indiana as Document No. 9837242, are amended to permit the use of the School Property for Educational Use in accordance with Section 4.7.6 of the Covenants. The South Bend Redevelopment Authority and the South Bend Redevelopment Commission acknowledge and agree that all remaining provisions of the Covenants shall remain in full force and effect. -2-