No. 1361 amending declaration of protective and restrictive covenants of the Blackthorn Corporate Center and Blackthorn Corporate Center development guidelines

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RESOLUTION NO. 1361 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING DECLARATION OF PROTECTIVE ANDf tJ RESTRICTIVE COVENANTS OF THE BLACKTHORN CORPORATE CE;I,TER AND BLACKTHORN CORPORATE CENTER DEVELOPMENT GUIDELINES WHEREAS, the South Bend Redevelopment Authority (the "Authority ") is the owner of certain real property situated in northwest St. Joseph County, Indiana, commonly known as the Blackthorn Corporate Center; and WHEREAS, the South Bend Redevelopment Commission ( "Commission ") is Lessor of said real property, more commonly known as the Blackthorn Corporate Center; and WHEREAS, the Authority, in conjunction with the South Bend Redevelopment Commission, intends to develop the Blackthorn Corporate Center as a first - class, planned business campus, composed of corporate office; support office and research, and general business uses and associated facilities; and low WHEREAS, to ensure that Blackthorn Corporate Center will be maintained as an attractive campus -like setting for businesses, with ample landscaped areas, attractive high quality structures, proper and desirable uses, and appropriate development; to protect against undesirable uses, to guard against the construction of improvements built of improper materials or design; to encourage the construction of attractive improvements in appropriate locations; to prevent hazardous and inharmonious development of the Blackthorn Corporate Center; to secure and maintain proper setbacks and adequate free spaces between structures; and generally to provide a high type and quality of development at the Blackthorn Corporate Center, the Authority and Commission have prepared or caused to be prepared and by Resolution No. 1147, approved by the Commission on March 19, 1993, and by Resolution No. 73, approved by the Authority on March 18, 1993, adopted "Declarations of Protective and Restrictive Covenants of Blackthorn Corporate Center" (which Covenants were subsequently amended by Resolution No. 87 of the South Bend Redevelopment Authority, adopted March 17, 1994, and Resolution No. 1232 of the South Bend Redevelopment Commission, adopted February 18, 1994);and "Blackthorn Corporate Center Development Guidelines "; and WHEREAS, the Commission and Authority wish to amend the "Declaration of Protective and Restrictive Covenants of the Blackthorn Corporate Center" and "Blackthorn Corporate Center Development Guidelines" as indicated by the Addendum attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. The "Declarations of Protective and Restrictive Covenants of Blackthorn Corporate Center" approved and adopted by the Commission by its Resolution No. 1147 adopted March 19, 1993, as amended by its Resolution No. 1232, adopted February 18, 1994, shall be and hereby are amended to apply to the real property described at Exhibit "A" hereto. 2. The Addendum to "Declarations of Protective and Restrictive Covenants of Blackthorn Corporate Center," attached hereto as Exhibit "B," reflecting said amendment shall be and hereby is approved and ordered executed and attested to by the Commission President and Secretary, respectively. 3. The Secretary of the Commission is hereby directed to record in the Office of the St. Joseph County Recorder a copy of