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No. 0969 approving an amended and restated lease between the SBRA and the RC for the AEDA public improvement project
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No. 0969 approving an amended and restated lease between the SBRA and the RC for the AEDA public improvement project
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10/18/2012 3:05:32 PM
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"Permitted Encumbrances" means those items listed in Exhibit <br />hereto and any future (a) liens for taxes not then delinquent, <br />(b) this Lease and the Trust Agreement, leases, subleases and other <br />agreements permitted pursuant to Section 13 hereof, (c) utility, <br />access and other easements and rights -of -way, restrictions and <br />exceptions that Lessee certifies will not interfere with or impair <br />the Projects, (d) any mechanics', laborers', materialmen's, <br />suppliers' or vendors' lien or right in respect thereof if payment <br />is not yet due and payable and (e) such minor defects, <br />irregularities, encumbrances, easements, rights -of -way and clouds <br />on title as do not, in the opinion of the Trustee, materially <br />impair the Authority's title or Lessee's use of the Projects. <br />"Projects" or "Project" mean, collectively, the Tax- Exempt <br />Project and the Taxable Project as defined herein. <br />"Redevelopment District Bond Fund" means the Redevelopment <br />District Bond Fund of Lessee authorized by Indiana Code 36- 7 -14 -27 <br />and the Lease Resolution. <br />"Taxable Bonds" means the South Bend Redevelopment Authority <br />Taxable Lease Rental Revenue Bonds (Airport Economic Development <br />Area Public Improvement Project). <br />"Taxable Project" means the real estate (including all <br />IC right -of -way easements contained therein) in St Joseph County, <br />Indiana, and improvements to be made thereon by the Authority or <br />its agent according to plans and specifications prepared by Cole <br />Associates, Inc. and Clyde E. Williams and Associates, Inc., <br />project engineers, all as described in Exhibit B hereto. The above <br />mentioned plans and specifications may be changed and additional <br />construction work may be performed and improvements may be <br />purchased by the Authority, but only with the approval of the <br />Lessee, and only if such changes or modifications or additional <br />construction work or improvements do not alter the character of the <br />Project or reduce the value thereof. Any such additional <br />construction work or additional improvements shall be part of the <br />property covered by this Lease. The above - mentioned plans and <br />specifications have been filed with and approved by the Lessee. <br />"Taxable Lease Resolution" means the resolution of the <br />Commission passed on December 21, 1990, establishing funds for the <br />payment of lease rentals for the Taxable Project, as defined <br />herein. <br />"Tax- Exempt Bonds" means the South Bend Redevelopment <br />Authority Lease Rental Revenue Bonds (Airport Economic Development <br />Area Public Improvement Project). <br />"Tax- Exempt Project" means the real estate (including all <br />right -of -way easements contained therein) in St. Joseph County, <br />-2- <br />\rlhill \sthbnd\ airport\ general\ lease.amd;tmg;12- 21- 90;9:00a.m. <br />
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