No. 0969 approving an amended and restated lease between the SBRA and the RC for the AEDA public improvement project

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"Permitted Encumbrances" means those items listed in Exhibit hereto and any future (a) liens for taxes not then delinquent, (b) this Lease and the Trust Agreement, leases, subleases and other agreements permitted pursuant to Section 13 hereof, (c) utility, access and other easements and rights -of -way, restrictions and exceptions that Lessee certifies will not interfere with or impair the Projects, (d) any mechanics', laborers', materialmen's, suppliers' or vendors' lien or right in respect thereof if payment is not yet due and payable and (e) such minor defects, irregularities, encumbrances, easements, rights -of -way and clouds on title as do not, in the opinion of the Trustee, materially impair the Authority's title or Lessee's use of the Projects. "Projects" or "Project" mean, collectively, the Tax- Exempt Project and the Taxable Project as defined herein. "Redevelopment District Bond Fund" means the Redevelopment District Bond Fund of Lessee authorized by Indiana Code 36- 7 -14 -27 and the Lease Resolution. "Taxable Bonds" means the South Bend Redevelopment Authority Taxable Lease Rental Revenue Bonds (Airport Economic Development Area Public Improvement Project). "Taxable Project" means the real estate (including all IC right -of -way easements contained therein) in St Joseph County, Indiana, and improvements to be made thereon by the Authority or its agent according to plans and specifications prepared by Cole Associates, Inc. and Clyde E. Williams and Associates, Inc., project engineers, all as described in Exhibit B hereto. The above mentioned plans and specifications may be changed and additional construction work may be performed and improvements may be purchased by the Authority, but only with the approval of the Lessee, and only if such changes or modifications or additional construction work or improvements do not alter the character of the Project or reduce the value thereof. Any such additional construction work or additional improvements shall be part of the property covered by this Lease. The above - mentioned plans and specifications have been filed with and approved by the Lessee. "Taxable Lease Resolution" means the resolution of the Commission passed on December 21, 1990, establishing funds for the payment of lease rentals for the Taxable Project, as defined herein. "Tax- Exempt Bonds" means the South Bend Redevelopment Authority Lease Rental Revenue Bonds (Airport Economic Development Area Public Improvement Project). "Tax- Exempt Project" means the real estate (including all right -of -way easements contained therein) in St. Joseph County, -2- \rlhill \sthbnd\ airport\ general\ lease.amd;tmg;12- 21- 90;9:00a.m.