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1990-12-17 Resolution 27
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1990-12-17 Resolution 27
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7/17/2008 2:10:21 PM
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f r <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 Project, (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 Project. <br />"Project" means the real estate (including all right-of-way <br />easements contained therein) in St Joseph County, Indiana, and <br />improvements to be made thereon by the Authority or its agent <br />according to plans and specifications prepared by Cole Associates, <br />Inc. and Clyde E. Williams and Associates, Inc., project engineers, <br />all as described in Exhibit B hereto. The above. mentioned plans <br />and specifications may be changed and additional construction work <br />may be performed and improvements may be purchased by the <br />Authority, but only with the approval of the Lessee, and only if <br />such changes or modifications or additional construction work or <br />improvements do not alter the character of the Project or reduce <br />the value thereof. Any such additional construction work or <br />additional improvements shall be part of the property covered by <br />this Lease. The above-mentioned plans and specifications have been <br />filed with and approved by the 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 />"Trust Agreement" means the Trust Agreement dated as of <br />1990, between the Authority and the Trustee, securing <br />the Bonds. <br />"Trustee" means <br />Indiana, as Trustee <br />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 Project. In consideration of the <br />rentals and other terms and conditions herein specified the <br />Authority does hereby lease, demise and let to the Lessee the <br />Project: TO HAVE AND TO HOLD the same with all rights, privileges, <br />easements and appurtenances thereunto belonging, unto the Lessee <br />for a term of twenty-two (22) years, beginning on the date the <br />Project is complete and ready for use, and ending on the day prior <br />to such date twenty-two (22) years thereafter. However, the term <br /> <br />-2- <br />\rlhill\sthbnd\airport\lease;dsl;August 30, 1990 <br />
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