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No. 2443 approving execution of an Addendum to Lease with the South Bend Redevelopment Authority for the Eddy Street Commons project
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No. 2443 approving execution of an Addendum to Lease with the South Bend Redevelopment Authority for the Eddy Street Commons project
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ADDENDUM TO LEASE BETWEEN <br />THE SOUTH BEND REDEVELOPMENT AUTHORITY, AS LESSOR, <br />AND THE SOUTH BEND REDEVELOPMENT COMMISSION, AS LESSEE <br />(EDDY STREET COMMONS PROJECT) <br />THIS ADDENDUM, made and entered into as of this 17t" day of March, 2008, <br />by and between the South Bend Redevelopment Authority, a body corporate and politic <br />organized and existing under Indiana Code 36-7-14.5 (hereinafter with its successors and assigns <br />referred to as the "Authority"), and the South Bend Redevelopment Commission, the governing <br />body of the City of South Bend Department of Redevelopment and the Redevelopment District <br />of the City of South Bend, Indiana (hereinafter called the "Lessee"), <br />WITNESSETH: <br />In consideration of the mutual covenants herein contained, it is agreed that the <br />lease previously entered into between said parties as of October 15, 2007 (the "Lease"), shall be <br />• amended as follows: <br />L The following definitions in Section 1 of the Lease are amended to read as <br />follows: <br />"Lease Resolution" means Resolution No. 2434 of the <br />Lessee passed on February 6, 2008, establishing funds for the <br />payment of lease rentals. <br />"Trust Agreement" means the Trust Agreement dated as of <br />March 1, 2008, between the Authority and the Trustee, securing <br />the bonds. <br />2. Section 4 of the Lease is amended to read as follows: <br />Section 4. Rental Payment Dates and Amounts. The first <br />semiannual rental installment in the amount of One Million One Hundred Thirty- <br />eight Thousand Five Hundred and 00/100 Dollars ($1,138,500.00) shall be due on <br />the day that the Project is complete and ready for use or February 1, 2011, <br />whichever is later. If completion is later than February 1, 2011, the first <br />installment shall be in an amount which provides for rental at the rate of <br />$1,138,500.00 for the semiannual period in which the Project is complete and <br />ready for use, prorated from the date of acquisition until the first February 1 and <br />August 1 following such date of completion. Thereafter such rentals shall be <br />BDDQOI 5153675v 1 <br />
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