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No. 1180 approving the execution of an addendum to the lease dated 8/1/90 between the SBRC and the SBRA for certain land and public improvements located thereon
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No. 1180 approving the execution of an addendum to the lease dated 8/1/90 between the SBRC and the SBRA for certain land and public improvements located thereon
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EXHIBIT A <br />ADDENDUM TO LEASE <br />Addendum to Lease Between <br />South Bend Redevelopment Authority, as Lessor, <br />and South Bend Redevelopment Commission, as Lessee <br />(Airport Economic Development <br />Area Public Improvement Project) <br />THIS ADDENDUM, entered into as of the 9th day of July, <br />1993 (the "Addendum ") , between the South Bend Redevelopment <br />Authority, a body corporate and politic organized and existing <br />under IC 36 -7 -14.5 (the "Authority "), and the South Bend <br />Redevelopment Commission (the "Lessee "), <br />WITNESSETH• <br />In consideration of the mutual covenants herein <br />contained, it is agreed that the lease previously entered into <br />between the Authority and the Lessee dated as of August 1, 1990, <br />and as amended by the Addendum to Lease entered into between the <br />Authority and Lessee dated as of January 29, 1991, both of which <br />were recorded in the office of the Recorder of St. Joseph County, <br />Indiana, (recording numbers 9102772 and 9102773 respectively) <br />(hereinafter collectively referred to as the "Lease ") , shall be <br />amended as follows: <br />1. Section 4(b) of the Lease is amended to read as <br />follows: <br />(b) Taxable Project. The first semiannual rental <br />installment in the amount of One Hundred Forty -Two Thousand and <br />00/100 Dollars ($142,000) shall be due on January 28, 1994. <br />Thereafter such rentals shall be payable in advance in semiannual <br />installments on January 28 and July 28 of each year as provided <br />for in the lease payment schedule attached hereto as Exhibit E. <br />In the case of the Tax - Exempt Project, the Lessee will <br />not take any action or fail to take any action that would result <br />in the loss of the exclusion from gross income for federal tax <br />purposes of interest on the Bonds pursuant to Section 103(a) of the <br />Internal Revenue Code of 1986, as amended (the "Code ") , as in <br />effect on the date of delivery of the Bonds, nor will the Lessee <br />act in any manner which would adversely affect such exclusion. The <br />Lessee further covenants that it will not make any investment or <br />do any other act or thing during the period that any Bond is <br />outstanding hereunder which would cause any Bond to be an <br />"arbitrage bond" within the meaning of Section 148 of the Code and <br />the regulations thereunder as in effect on the date of delivery of <br />the Bonds. All officers, members, employees and agents of the <br />Lessee are authorized and directed to provide certifications of <br />
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