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WHEREAS, Kite Realty Group, L.P. has proposed a mixed use development <br />commonly known as the Eddy Street Commons development encompassing approximately <br />twenty-three (23) acres located in the City of South Bend adjacent to the University of Notre <br />Dame campus and which mixed use development is proposed to include the following: retail <br />shops, apartment homes, office space, one full service hotel with conference facilities and three <br />floors of condominiums, one limited service hotel, condominium homes in four different product <br />types, open space and a parking garage structure (collectively, the "Development"); and <br />WHEREAS, the South Bend Redevelopment Authority (the "Authority") at a <br />meeting on October 17, 2007, adopted Resolution No. 161, which; among other things, approved <br />a proposed lease between the Authority and the Commission to be dated as of October 15, 2007 <br />(the "Lease"), for certain land and public improvements, in support of the Development in or <br />serving the Area including, without limitation: a parking garage structure; the reconstruction <br />and/or the extension of Eddy, Burns, Georgiana, Duey, and Napoleon Streets; the upgrading and <br />replacement of water mains, sanitary and storm sewers and site preparation; the extension and <br />upgrading of electrical, telephone and high speed Internet services; other related services <br />including, without limitation, engineering and geotechnical testing; and related improvements <br />(collectively, the "Project"), and directed the Secretary-Treasurer of the Authority to file a copy <br />of said Lease, as approved, with the Commission; and <br />WHEREAS, the Commission, at a meeting on October 9, 2007, approved the <br />form of the Lease, scheduled a public hearing on said Lease to be held on November 2, 2007, <br />pursuant to IC 36-7-14-25.2, and authorized the publication of a notice of public hearing on said <br />Lease pursuant to IC 5-3-1; and <br />BDDBOI 4928711v1 - 2 - <br />