No. 2459 authorizing the execution of a Second Addendum to Lease for certain public improvements on behalf of the City of South Bend and regarding other related matters

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SECOND ADDENDUM TO LEASE This Second Addendum to Lease entered into as of the ls` day of June, 2008, 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 City of 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, for the purpose of amending the Lease dated as of November 1, 1993, as amended by an Addendum to Lease dated as of June 3, 1994 both of which were recorded in the office of the St. Joseph County Recorder as Documents 9423717 and 9423718, respectively (hereinafter collectively referred to as the "Lease"). WITNESSETH: Section 1. Definitions. The terms defined in this Section 1 shall for all purposes of this Second Addendum to Lease have the meanings herein specified unless the context otherwise requires and shall supplement the definitions contained in the Lease. "2008 Bonds" means South Bend Redevelopment Authority Lease Rental Revenue Bonds (Century Center 2008 Project). "2008 Century Center Principal and h~terest Account" means the account by that name created in the Redevelopment District Bond Fund by the 2008 Lease • Resolution. "2008 Lease Resolution" means the resolution of the Commission passed on , 2008, establishing funds for the payment of lease rentals. "2008 Project" means the real estate (including all right-of-way easements contained therein) in St. Joseph County, Indiana, described as the Century Center Portion in Exhibit A of the Lease and the local public improvements to be completed thereon by the Authority or its agent according to the plans and specifications prepared by its consultants, all as described in Exhibit A hereto. The above mentioned plans and specifications may be changed and additional construction work may be perfoi-~ned 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 2008 Project or reduce the value thereof. Any such additional construction work or additional improvements shall be part of the property covered by this Second Addendum to Lease. The above-mentioned plans and specifications have been filed with and approved by the Lessee. "2008 Trust Agreement" means the Trust Agreement dated as of , 2008, between the Authority and the Trustee, securing the 2008 Bonds. "Trustee" means the financial institution selected to serve as trustee pursuant to the 2008 Trust Agreement, and any successor trustee. BDDE301 i233044v2