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No. 1133 approving the execution of a second addendum to the lease for the AEDA taxable and public improvement project
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No. 1133 approving the execution of a second addendum to the lease for the AEDA taxable and public improvement project
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' SECOND ADDENDUM TO LEASE <br />SOUTH BEND REDEVELOPMENT AUTHORITY TO <br />SOUTH BEND REDEVELOPMENT COMMISSION <br />(Airport Economic Development Area <br />Public Improvement Project and <br />Taxable Improvement Project) <br />THIS SECOND ADDENDUM, made and entered into this 5th day of <br />February, 1993, by and between the South Bend Redevelopment Authority, <br />a body corporate and politic organized and existing under Indiana Code <br />36 -7 -14.5 (hereinafter with its successors and assigns referred to as <br />the "Authority "), and the South Bend Redevelopment Commission, the <br />governing body of the South Bend Department of Redevelopment and the <br />Redevelopment District of South Bend, Indiana (hereinafter called the <br />"Lessee "), <br />WITNESSETH <br />In consideration of the mutual covenants herein contained it is <br />agreed that the Lease (Airport Economic Development Area Public <br />Improvement Project and Taxable Improvement Project) previously <br />entered into between said parties as of the first day of August, 1990, <br />as amended and restated on December 1, 1990, shall be further amended <br />as follows: <br />1. Section 2 of the Lease shall be and hereby is amended to read <br />as follows: <br />Section 2. Lease of Project. In consideration of <br />the rentals and other terms and conditions herein <br />specified the Authority does hereby lease, demise <br />and let to the Lessee the Project: TO HAVE AND TO <br />HOLD the same with all rights, privileges, <br />easements and appurtenances thereunto belonging, <br />unto the Lessee for a term beginning on the date of <br />execution of this Lease, and ending on the day <br />prior to such date twenty -two (22) years <br />thereafter. However, the term of this Lease shall <br />terminate at the earlier of (a) the exercise of the <br />option to purchase by Lessee and payment of the <br />option price, or (b) the payment or defeasance of <br />all obligations of Lessor incurred (i) to finance <br />the cost of the leased property, (ii) to refund <br />such obligations, (iii) to refund such refunding <br />obligations, or (iv) to improve the leased <br />property. The dates the Tax - Exempt Project and the <br />Taxable Project are complete and ready for use <br />shall be endorsed on this Lease at the end hereof <br />by the parties hereto as soon as the same can be <br />
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