1997-05-02 Resolution 114 - Laserfiche WebLink

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AMENDED AND RESTATED LEASE This Amended and Restated Lease entered into as of the 1st day of May, 1997, between the SOUTH BEND REDEVELOPMENT AUTHORITY, a body corporate and politic organized and existing under Indiana Code 36-7-14.5 .(the ."Authority") and the SOUTH BEND REDEVELOPMENT COMMISSION, the governing body of the .South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana (the "Lessee"), acting for and on behalf of the City of South Bend, Indiana. WITNESSETH: Section 1. Definitions. The terms defined in this Section 1 shall-for all purposes of this Lease have the meanings herein specified unless the context otherwise requires. "Act" means Indiana Code 36-7-14.5, as the same from time to time may be amended or supplemented. "Additional Bonds" means the South Bend Redevelopment Authority Lease Rental Revenue Bonds (Morris Performing Arts Center Project).- "Additional Lease Resolution" means the resolution of the Commission passed on .1997, establishing funds for the payment of lease rentals for the Additional/Combined Project. "Additional/Combined Project means the Additional Project and an undivided interest in Seventy-three percent (73%) of the Combined Pjroject, which Additional Project and undivided interest are allocable to the Additional Bonds. "Additional Project" means the real estate (including all right-of-way easements contained therein) in South Bend, Indiana, and the building located thereon known as the Morris Civic Center and the improvements to be~made thereon by the- Authority or its agent according to plans and specifications all as described in Exhibit C hereto. The above mentioned plans and specifications may be changed and additional construction work may be performed and improvements may be purchased by the Authority, but only with the approval of the Lessee, and only if such changes or modifications or additional construction work or improvements do not alter the character of the Project or reduce the value thereof. Any such additional construction work or additional improvements shall be part of the property covered by this Lease. The above-mentioned plans and specifications have been filed with and approved by the Lessee. "Authority" means the South Bend Redevelopment Authority, a body corporate and politic organized and existing under the Act, or if said Authority shall be abolished, the authority, board, body, instrumentality or agency succeeding to the principal functions thereof. "Bonds" means, collectively, the Original Bonds and the Additional Bonds.