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RESOLUTION NO. f <br />• <br />RESOLUTION OF THE SOUTH BEND REDEVELOPMENT <br />AUTHORITY AUTHORIZING THE ISSUANCE OF THE SOUTH BEND <br />REDEVELOPMENT AUTHORITY LEASE RENTAL REVENUE BONDS <br />OF 2008 (EDDY STREET COMMONS PROJECT) AND REGARDING <br />OTHER RELATED MATTERS <br />WHEREAS, the South Bend Redevelopment Authority (the "Authority") has been <br />created pursuant to Indiana Code 36-7-14.5 (the "Act") as a separate body, corporate and politic, <br />and as an instrumentality of the City of South Bend, Indiana (the "City"), to finance local public <br />improvements for lease to the South Bend Redevelopment Commission (the "Commission"); and <br />WHEREAS, the Commission has adopted various resolutions (i) declaring certain <br />real estate in the Redevelopment District of the City of South Bend, Indiana, known as the <br />Northeast Neighborhood Development Area (the "Area"), to be a redevelopment area within the <br />meaning of the Act, determining that it would be of public utility and benefit to redevelop the <br />Area pursuant to a development plan, as amended, and (ii) designating the entire Area as an <br />allocation area ("Allocation Area No. 1 ") having boundaries as described in Declaratory <br />. Resolution No. 2016, as amended; and <br />WHEREAS, the Commission has amended this designation so that a portion of <br />the Area and Allocation Area No. 1 are deemed a housing program named the "Northeast <br />Neighborhood Development Area Housing Program" and a housing allocation area named the <br />"Northeast Neighborhood Development Area, Allocation Area #2" ("Allocation Area No. 2"); <br />and <br />WHEREAS, Kite Realty Group, L.P. has proposed a mixed use development <br />commonly known as the Eddy Street Commons development encompassing approximately <br />twenty-three (23) acres located in the City of South Bend adjacent to the University of Notre <br />Dame campus and which mixed use development is proposed to include the following: retail <br />shops, apartment homes, office space, one full service hotel with conference facilities and three <br />floors of condominiums, one limited service hotel, condominium homes in four different product <br />types, open space and a parking garage structure (collectively, the "Development"); and <br />WHEREAS, the Authority intends to issue bonds in an aggregate principal <br />amount not to exceed Thirty-six Million and 00/100 Dollars ($36,000,000.00) or such lesser <br />principal amount as permitted hereby pursuant to Section 19 of the Act to be known as the <br />"South Bend Redevelopment Authority Lease Rental Revenue Bonds of 2008 (Eddy Street <br />Commons Project)" (the "Bonds"), the proceeds of which are to be used to finance certain local <br />public improvements in support of the Development in or serving the Area including, without <br />limitation: (i) a parking garage structure; the reconstruction and/or the extension of Eddy, Burns, <br />Georgiana, Duey, and Napoleon Streets; the upgrading and replacement of water mains, sanitary <br />BDDBOI 5085738v1 <br />