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2008-11-05 Resolution 172
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2008-11-05 Resolution 172
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11/17/2008 4:20:03 PM
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11/17/2008 4:19:36 PM
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Improvements", which were previously refunded with- the issuance of the St. Joseph County, <br />Indiana Special Tax Bonds of 1998 (the "1998 Bonds"); and; <br />WHEREAS, the Authority desires to .approve and execute an addendum to the <br />Second Addendum to Lease (the "Addendum"), a copy of which is attached hereto as Exhibit B, <br />making certain amendments to the Lease which amendments do not cause either the maximum <br />lease rental amount payable under the Lease or the maximum term of the Lease to be exceeded; <br />and <br />WHEREAS, the County Council of St. Joseph County (the "County") has <br />previously adopted a resolution determining to transfer the Existing County Improvements to the <br />Authority pursuant to Indiana Code 36-1-11-8 in conjunction with the issuance of the Bonds by <br />the .Authority; <br />NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment <br />Authority, as follows: <br />1. The Authority hereby approves the sale of the Bonds to the Underwriter in <br />an aggregate principal amount and maturing on May 1 and November 1 in the years and in the <br />principal amounts and bearing interest at the rates as set forth on Exhibit A. <br />2. The Authority hereby amends Section 3 of the Bond Resolution as <br />follows: <br />Section 3. The Bonds maturing on or after May 1, <br />2016, shall be redeemable prior to maturity at the option of the <br />Authority, in whole or in part in whole multiples of Five Thousand <br />Dollars ($5,000), in amounts and maturities to be determined by <br />the Authority and by lot within maturities, on any date not earlier <br />than November 1, 2015, from any moneys made available for that <br />purpose, at a redemption price equal to one hundred percent <br />(100%) of the principal amount of each Bond to be redeemed, and <br />without premium, plus accrued interest to the redemption date. <br />3. The Addendum, attached hereto as Exhibit B, is hereby approved and the <br />President or Vice President and Secretary-Treasurer of the Authority are hereby authorized to <br />execute and attest, respectively, said Addendum in substantially the form presented at this <br />meeting with such changes in form or substance as the President or Secretary of this Authority <br />shall approve, such approval to be conclusively evidenced by the execution thereof. <br />4. All remaining terms, covenants and conditions set forth in the Lease and <br />the Bond Resolution shall remain in full force and effect. <br />5. The Authority hereby determines to accept from the County the Existing <br />County Improvements in accordance with Indiana Code 36-1-11-8 in exchange for the Authority <br />• <br />BDDBOI 5457484v1 - 2 - <br />
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