No. 0992 amending resolution No. 980 of the SBRC and approving the execution of an addendum to a sublease of real property to the COSB

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Section 2. Sub -Lease of the land. In consideration of the rentals and other terms and conditions herein specified, the Commission does hereby sub - lease, demise, and sub -let to the Sub - Lessee the real property described in Exhibit B hereto: TO HAVE AND TO HOLD the same with all rights, privileges, easements and appurtenances thereunto belonging, unto the Sub- lessee for a term of 22 years, beginning on the 15th day of April, 1991, and ending on the 14th day of April, 2013. The Commission hereby represents that it is possessed of, or will acquire, a leasehold interest in the premises by way of a certain lease between the South Bend Redevelopment Authority and the Commission dated as of November 1, 1989, and that it will be possessed of, or will acquire, a good and indefeasible estate in fee simple subject only to permitted encumbrances, to the above described real estate prior to the termination of this Sub - Lease, and the Commission warrants and will defend the same against all claims whatsoever not suffered or caused by the acts or admissions of the Sub- lessee. The sub- lessee will not take any action or fail to take any action that would result in the loss of the exclusion from gross income for federal tax purposes of interest on the South Bend Redevelopment Authority Bonds issued in connection with the South Bend Central Development Area Public Improvement Project, pursuant to Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code "), as in effect on the date of delivery of the Bonds, nor will the Sub - lessee act in any manner which would adversely affect such exclusion. The Sub- lessee further covenants that it will not make any investment or do any other act or thing during the period that any Bond is outstanding hereunder which would cause any Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations thereunder as in effect on the date of delivery of the Bonds. Section 3. Rental payments. During the term of this Sub- Lease, the Sub- lessee agrees to pay rental for said premises in the amount of Ten Dollars ($10.00) per year, payable in advance, the first such rental payment being due on the 15th day P of April, 1991 with ,