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5 <br /> <br />Bonds. The cost of such opinion shall be considered as part of the costs incidental to the issuance <br />of the Bonds and shall be paid out of proceeds of said Bonds. <br />SECTION 8. If the Controller, with the advice of the Municipal Advisor to the Authority, <br />determines that market conditions at the time of the sale of the Bonds are such that the Authority <br />is able to finance the Project and related expenses by issuing Bonds in an aggregate principal <br />amount which is less than $69,000,000, then the Controller, on behalf of the Authority, shall <br />provide for the sale of, and the Authority shall issue, such lesser principal amount of Bonds. <br />SECTION 9. The President or any officer of the Authority or the Controller is authorized <br />and directed to take all steps necessary to procure a rating on the Bonds and/or obtain bond <br />insurance and/or a reserve fund policy for the Bonds to the extent such officer determines, with <br />the advice of the Municipal Advisor, that such rating, insurance, and/or reserve fund policy may <br />be in the best interest of the Authority. <br />SECTION 10. Each Officer of the Authority and the Controller is hereby authorized and <br />directed to take all such actions and to execute all such instruments as such Officer or Officers <br />deem necessary or desirable to carry out the transactions contemplated by this Resolution, <br />including executing a Continuing Disclosure Contract with respect to the Bonds in compliance <br />with the Rule, in such forms as the Officer or Officers executing the same shall deem proper, to <br />be evidenced by the execution thereof. Any such documents heretofore executed and delivered <br />and any such actions heretofore taken be, and the same hereby are, ratified and approved. <br />SECTION 11. This Resolution and the Indenture upon execution shall constitute a contract <br />between the Authority and the holders of the Bonds, and, after the issuance of the Bonds, this <br />Resolution shall not be repealed or amended in any respect which would adversely affect the rights <br />of such holders so long as the Bonds, or the interest thereon remains unpaid. <br />SECTION 12. This Resolution shall be in full force and effect from and after its passage <br />by the Authority. <br />ADOPTED at a meeting of the South Bend Redevelopment Authority held on February10, <br />2023, in the BPW Conference Room of the County-City Building, 227 West Jefferson Boulevard, <br />South Bend, Indiana, 46601. <br />SOUTH BEND REDEVELOPMENT <br />AUTHORITY <br /> <br /> <br />Richard Klee, President <br /> <br /> <br />ATTEST: <br /> <br />_____________________________________ <br />Anthony Fitts, Secretary <br /> <br />DMS 25241798v2