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SECTION 1. The Common Council hereby approves of the issuance of the Bonds by <br /> the Authority pursuant to Indiana Code 36-7-14.5-19 and the execution and delivery of the <br /> Lease, as approved by the Commission,pursuant to Section 25.2 of the Act,in order to provide <br /> for the financing of the Projects,all upon the following conditions: (a)the maximum aggregate <br /> principal amount of the Bonds shall not exceed $69,000,000; (b) the Bonds shall have a final <br /> maturity date which is not later than twenty (20) years from the date of their issuance; (c) the <br /> maximum annual lease rental payment during the term of the Lease shall not exceed <br /> $10,500,000; (d) the maximum interest rate on any tax-exempt series of the Bonds shall not <br /> exceed seven and one-half percent (7.50%) per annum and on any taxable series of the Bonds <br /> the maximum interest rate shall not exceed nine percent(9.00%)per annum; (e)the Bonds will <br /> be subject to optional redemption prior to maturity not earlier than five(5) years after the date <br /> of issuance of the Bonds; (f) the maximum term of the Lease shall not exceed twenty (20) <br /> years; and(g)interest on the Bonds may be capitalized or paid from the proceeds of the Bonds <br /> for a period up to three (3) years from the date of issuance of the Bonds based upon the <br /> recommendation of the Municipal Advisor. <br /> SECTION 2. The Common Council hereby finds and determines that the transfer of the <br /> Leased Premises from the City to the Authority for no consideration, in connection with the <br /> financing of the Projects by the Authority and lease of the Leased Premises to the Commission <br /> pursuant to the Act, is in the best interests of the City and its citizens. The Common Council <br /> approves of the transfer of all of the City's interest to the Leased Premises to the Authority and <br /> authorizes the Board of Public Works of the City to take such action that may be necessary to <br /> effectuate the transfer of the Leased Premises to the Authority as authorized herein. <br /> SECTION 3. This Resolution shall be in full force and effect from and after its adoption <br /> by the Common Council. <br /> SA4itink `M aitl/- <br /> Sharon L. McBride, Council President <br /> South Bend Common Council <br /> Attest: <br /> /6666--- ` tr, , <br /> Dawn M. Jones, City Cle <br /> Office of the City Clerk <br /> Presented by me, the undersigned Clerk of the.city of South Bend, to the Mayor of the <br /> City of South Bend, Indiana on the 7 day of r�2K , 2023, at // <br /> o'clock 7 . m. <br /> 9:0,e/i j <br /> / 72. . <br /> Dawn M. Jones, City Clerk <br /> Office of the City Clerk <br /> Approved and signed by me on the 9 day of Fury , 2023, at5- o'clock <br /> fm. <br /> Js Mueller, Mayor <br /> er <br /> City of South Bend, Indiana <br /> DMS 24705239v3 <br /> 3 <br />