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LA'q <br />AMENDED AND RESTATED LEASE <br />This Amended and Restated Lease entered into as of the 1 st day of May, 1997, between <br />the SOUTH BEND REDEVELOPMENT AUTHORITY, a body corporate and politic organized <br />and existing under Indiana Code 36 -7 -14.5 (the "Authority") and the SOUTH BEND <br />REDEVELOPMENT COMMISSION, the governing body of the South Bend Department of <br />Redevelopment and the Redevelopment District of the City of South Bend, Indiana (the "Lessee "), <br />acting for and on behalf of the City of South Bend, Indiana. <br />WITNESSETH: <br />Section 1. Definitions. The terms defined in this Section 1 shall for all purposes of <br />this Lease have the meanings herein specified unless the context otherwise requires. <br />"Act" means Indiana Code 36 -7 -14.5, as the same from time to time may be amended or <br />supplemented. <br />"Additional Bonds" means the South Bend Redevelopment Authority Lease Rental <br />Revenue Bonds (Morris Performing Arts Center Project). <br />"Additional Lease Resolution" means the resolution of the Commission passed on <br />, 1997, establishing funds for the payment of lease rentals for the <br />Additional/Combined Project. <br />"Additional/Combined Project" means the Additional Project and an undivided interest in <br />Seventy -three percent (73 %) of the Combined Project, which Additional Project and undivided <br />interest are allocable to the Additional Bonds. <br />"Additional Project" means the real estate (including all right -of -way easements contained <br />therein) in South Bend, Indiana, and the building located thereon known as the Morris Civic <br />Center and the improvements to be made thereon by the Authority or its agent according to plans <br />and specifications all as described in Exhibit C hereto. The above mentioned plans and <br />specifications may be changed and additional construction work may be performed and <br />improvements may be purchased by the Authority, but only with the approval of the Lessee, and <br />only if such changes or modifications or additional construction work or improvements do not <br />alter the character of the Project or reduce the value thereof. Any such additional construction <br />work or additional improvements shall be part of the property covered by this Lease. The <br />above - mentioned plans and specifications have been filed with and approved by the Lessee. <br />"Authority" means the South Bend Redevelopment Authority, a body corporate and politic <br />organized and existing under the Act, or if said Authority shall be abolished, the authority, board, <br />body, instrumentality or agency succeeding to the principal functions thereof. <br />"Bonds" means, collectively, the Original Bonds and the Additional Bonds. <br />