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RESOLUTION NO. 172 <br />RESOLUTION OF THE SOUTH BEND REDEVELOPMENT <br />AUTHORITY APPROVING THE SALE OF THE SOUTH BEND <br />REDEVELOPMENT AUTHORITY LEASE RENTAL REVENUE BONDS <br />OF 2008 (CENTURY CENTER PROJECT), AMENDING RESOLUTION <br />NO.168, APPROVING THE EXECUTION OF AN ADDENDUM TO THE <br />SECOND ADDENDUM TO THE LEASE BETWEEN THE SOUTH BEND <br />REDEVELOPMENT AUTHORITY AND THE SOUTH BEND <br />REDEVELOPMENT COMMISSION FOR THE CENTURY CENTER <br />PROJECT AND OTHER RELATED MATTERS <br />WHEREAS, the South Bend Redevelopment Authority (the "Authority") has been <br />created pursuant to Indiana Code 36-7-14.5 as a separate body, corporate and politic, and as an <br />instrumentality of the City of South Bend to finance local public improvements for lease to the <br />South Bend Redevelopment Commission (the "Commission"); and <br />WHEREAS, the Authority adopted Resolution No. 168 on May 21, 2008 (the <br />"Bond Resolution"), authorizing the issuance and sale of its Lease Rental Revenue Bonds of <br />• 2008 (Century Center Project) (the "Bonds") in an aggregate principal amount not to exceed <br />$11,690,000; and <br />WHEREAS, the Bonds have been sold to J.J.B. Hilliard, W.L. Lyons, Inc. (the <br />"Purchaser") in an aggregate principal amount of $4,655,000, and the Authority now desires to <br />ratify the sale of the Bonds; and <br />WHEREAS, the Authority desires to amend the Bond Resolution to modify the <br />redemption terms of the Bonds to reflect more favorable redemption terms achieved in <br />conjunction with the sale of the Bonds; and <br />WHEREAS, the Authority previously entered into a Second Addendum to the <br />Lease dated as of November 1, 1993 between the Authority and the Commission dated as of June <br />1, 2008 (the "Second Addendum to Lease"), whereby the Authority will lease to the <br />Commission, as lessee (the "Lessee"), the following improvements to the Century Center: the <br />addition of skylight safety film, the replacement of boilers and chillers, repairs on Island Park, <br />the replacement of the fire alarm and security systems, the renovation of seven (7) restrooms, the <br />renovation of C Hall, the replacement of the roofs, site lighting additions, exterior masonry work, <br />and additional enhancements to the building, grounds and streetscape including, but not limited <br />to, street level and river level interior and exterior signage, enhancement to the upper level <br />offices, and enhancement to the front of building and viewing park and related improvements, <br />and the acquisition of an interest in certain improvements previously financed with the issuance <br />of the St. Joseph County, Indiana Special Tax Bonds of 1992 (the "Existing County <br />• <br />BDDBO 1 5457484v1 <br />