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RESOLUTION NO. 170 <br />RESOLUTION OF THE SOUTH BEND REDEVELOPMENT <br />AUTHORITY APPROVING A MODIFICATION TO A SECOND <br />ADDENDUM TO LEASE FOR CERTAIN PUBLIC IMPROVEMENTS <br />AND REGARDING OTHER RELATED MATTERS <br />WHEREAS, the South Bend Redevelopment Commission (the "Commission"), <br />governing body of the South Bend Department of Redevelopment and the South Bend <br />Redevelopment District (the "Redevelopment District"), exists and operates under the provisions <br />of Indiana Code 36-7-14, as amended from time to time (the "Act"); and <br />WHEREAS, the Commission has adopted various resolutions (i) declaring <br />certain real estate in the Redevelopment District, known as the South Bend Central Development <br />Area (the "Area"), to be a redevelopment area within the meaning of the Act, determining that it <br />would be of public utility and benefit to redevelop the Area pursuant to a development plan, as <br />amended, and (ii) designating the entire Area as an allocation area having boundaries as <br />described in Declaratory Resolution No. 137, as amended; and <br />WHEREAS, the Common Council of the City of South Bend (the "City") has <br />• previously adopted an ordinance creating the South Bend Redevelopment Authority (the <br />"Authority") pursuant to Indiana. Code 36-7-14.5 as a separate body, corporate and politic, and as <br />an instrumentality of the City of South. Bend, Indiana, to finance local public improvements for <br />lease to the Commission; and <br />WHEREAS, the Authority previously entered into a lease by and between the <br />Authority and the Commission dated as of November 1, 1993, as amended by an addendum to <br />lease dated as of June 3, 1994 (collectively, the "Lease"), which Lease was heretofore approved <br />by the Commission, and pursuant to which the Authority leases to the Commission certain real <br />estate and local public improvements at the Century Center; and <br />WHEREAS, the Commission desires to .undertake certain local public <br />improvements located in the Area including, without limitation, the following improvements to <br />the Century Center: (i) the addition of skylight safety film, the replacement of boilers and <br />chillers, repairs on Island Park, the replacement of the fire alarm and security systems, the <br />renovation of seven (7) restrooms, the renovation of C Hall, the replacement of the roofs, site <br />lighting additions, exterior masonry work, and additional enhancements to the building, grounds <br />and streetscape including, but not limited to, street level and river level interior and exterior <br />signage, enhancement to the upper level offices, and enhancement to the front of building and <br />viewing park and related improvements (collectively, the "2008 Project"); and <br />WHEREAS, on May 21, 2008, the Authority adopted its Resolution No. 167 <br />indicating its intent to issue its lease rental revenue bonds to finance the costs of the renovation <br />BDDBOI 5315903v 1 <br />