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No. 0898 approving proposed lease between the SBRA and the SBRC for certain land/public improvements, approving plans, specifications, cost estimates for project, setting a public hearing on proposed lease, authorizing publication of public hearing
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No. 0898 approving proposed lease between the SBRA and the SBRC for certain land/public improvements, approving plans, specifications, cost estimates for project, setting a public hearing on proposed lease, authorizing publication of public hearing
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10/18/2012 3:19:25 PM
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access and other easements and rights -of -way, restrictions and <br />exceptions that Lessee certifies will not interfere with or impair <br />the Project, (d) any mechanics' laborers', materialmen's, suppliers' <br />or vendors' lien or right in respect thereof if payment is not yet <br />due and payable and (e) such minor defects, irregularities, <br />encumbrances, easements, rights -of -way and clouds on title as <br />normally exist with respect to property similar in character to the <br />Project and as do not, in the opinion of counsel satisfactory to <br />Trustee, materially impair the Authority's title or Lessee's use of <br />the Project. <br />"Project" means the real estate in South Bend, Indiana, and <br />improvements to be made thereon by the Authority or its agent <br />according to plans and specifications prepared by <br />, project engineers of , Indiana, all as <br />described in Exhibit C hereto. The above mentioned plans and <br />specifications may be changed and additional construction work may be <br />performed and improvements may be purchased by the Authority, but <br />only with the approval of the Lessee, and only if such changes or <br />modifications or additional construction work or improvements do not <br />alter the character of the Project or reduce the value thereof. Any <br />such additional construction work or additional improvements shall be <br />part of the property covered by this Lease. The above - mentioned <br />plans and specifications have been filed with and approved by the <br />Lessee. <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 />"South Bend Central Development Area Public Improvement <br />Project Principal and Interest Account" means the account by that <br />name created in the Redevelopment District Bond Fund by the Lease <br />Resolution. <br />"Trust Agreement" means the Trust Agreement dated as of _ <br />1989 between the Authority and the Trustee, securing the Bonds. <br />"Trustee" means , Indiana, as <br />Trustee pursuant to the Trust Agreement, and any successor trustee. <br />Any term not defined herein, which is defined in the Lease <br />Resolution or in the Trust Agreement, shall have the meaning as <br />defined in such resolution or agreement. <br />Section 2. Lease of Protect. In consideration of the <br />rentals and other terms and conditions herein specified the Authority <br />does hereby lease, demise and let to the Lessee the Project: TO HAVE <br />AND TO HOLD the same with all rights, privileges, easements and <br />appurtenances thereunto belonging, unto the Lessee for a term of <br />-2- <br />
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