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RESOLUTION NO. 167 <br />RESOLUTION OF THE <br />SOUTH BEND REDEVELOPMENT AUTHORITY <br />APPROVING A PROPOSED SECOND ADDENDUM TO LEASE FOR <br />CERTAIN ADDITIONAL LOCAL PUBLIC IMPROVEMENTS <br />BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY, AS <br />LESSOR, AND THE SOUTH BEND REDEVELOPMENT COMMISSION, <br />AS LESSEE, APPROVING PRELIMINARY PLANS, SPECIFICATIONS <br />AND COST ESTIMATES FOR THE 2008 PROJECT <br />AND 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, Indiana (the <br />"City"), has previously adopted an ordinance creating the South Bend Redevelopment Authority <br />(the "Authority") pursuant to Indiana Code 36-7-14.5 as a separate body, corporate and politic, <br />and as an instrumentality of the City to finance local public improvements for lease to the <br />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 additional local public <br />improvements located in the Area including, without limitation, the following improvements to <br />the Century Center: the addition of skylight safety film, the replacement of boilers and chillers, <br />repairs on Island Park, the replacement of the fire alarm and security systems, the renovation of <br />seven (7) restrooms, the renovation of C Hall, the replacement of the roofs, site lighting <br />additions, exterior masonry work, and additional enhancements to the building, grounds and <br />streetscape including, but not limited to, street level and river level interior and exterior signage, <br />enhancement to the upper level offices, and enhancement to the front of building and viewing <br />park and related improvements, and the acquisition of an interest in certain improvements <br />previously financed with the issuance of the St. Joseph County, Indiana Special Tax Bonds of <br />BDDB01 5237684v 1 <br />