No. 1232 amending declaration of protective and restrictive covenants of the Blackthorn Corporate Center and Blackthorn Corporate Center Development Guidelines

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South Bend RedeveloFcnent Camission Resolution No. 1232 Exhibit "B" Addendum to the Declaration of Protective Covenants & Restrictions of Blackthorn Corporate Center This Addendum is made this 18th day of February, 1994, jointly and severally as Declarant, by the SOUTH BEND REDEVELOPMENT AUTHORITY and the SOUTH BEND REDEVELOPMENT COMMISSION; WITNESSETH: The SOUTH BEND REDEVELOPMENT AUTHORITY, through its Resolution No. 73 (and recorded in the Office of the Recorder, St. Joseph County, Indiana as Document No. 9322505) jointly with the SOUTH BEND REDEVELOPMENT COMMISSION, through its Resolution No. 1147 (and recorded in the Office of the Recorder, St. Joseph County, Indiana as Document No. 9324608) made the Declaration of Protective Covenants and Restrictions of Blackthorn Corporate Center ( "Covenants "). Pursuant to Section 12.1 of the Covenants, as the Declarant, the SOUTH BEND REDEVELOPMENT AUTHORITY, jointly and severally with the SOUTH BEND REDEVELOPMENT COMMISSION, hereby amends said Covenants as follows: 1. Article IV - Use Restrictions shall be amended as follows: 4.4 Permitted Uses. For the purposes of setting forth the permitted and prohibited uses of Blackthorn, Declarant has divided the permitted uses into thfee four use categories, designated as (A) "Corporate Office ", IB) "Support Office /Research ", and (C) "General Business ", and (D) "Hotel." 4.7 Description of Uses The following describes each of the thfee four use categories. Parking structures are excluded from the calculation of the total gross floor area of a building. 4.7.4 Hotel The use of the Lot designated "Hotel" is limited to hotel or motel Buildings. Other hospitality uses, such as; health, recreational and athletic clubs and facilities, restaurants and lounges, and retail are permitted uses as part of a permitted hotel er motel Building. 2. Exhibit "A" shall be amended to included a legal description to property described as Lot 3 of Blackthorn Corporate Center and to alter the map titled "Blackthorn Corporate Center" by designating Lot 3 as a part of Blackthorn. The attached Exhibit "A" includes said legal description and altered map. 3. Exhibit "B" shall be amended to alter the map titled "Use Designation" to designate Lot 3 of Blackthorn as a "Hotel" use. The attached Exhibit "B" includes such altered map. The SOUTH BEND REDEVELOPMENT AUTHORITY and the SOUTH BEND REDEVELOPMENT COMMISSION acknowledge and agree that all remaining covenants and restrictions, as set forth in the Covenants shall remain in full force and effect.