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No. 2440 approving Execution of an Addendum to Lease with the South Bend Redevelopment Authority for the Morris Performing Arts Center project
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No. 2440 approving Execution of an Addendum to Lease with the South Bend Redevelopment Authority for the Morris Performing Arts Center project
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7/27/2009 12:29:23 PM
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"Trustee" means Wells Fargo Bank, N.A., 111 East Wayne Street, Fort Wayne, <br />IN 46801-6642, as trustee pursuant to the Trust Agreement, and any successor <br />trustee. , <br />2. The first and second paragraphs of Section 4(b) of the Lease are amended <br />to read as follows: <br />• <br />(b) The next semi-annual rental installment for the Additional/Combined <br />Project in the amount of and 00/100 Dollars <br />($ .00), or such lesser amount as a result of the Lessee receiving a <br />credit as expressly permitted pursuant to the applicable section of the Additional <br />Trust Agreement as a result of funds on deposit in the. Excess Funds Account of <br />the Operation and Reserve Fund which, when added to the funds on deposit in the <br />Reserve Fund, are in excess of the Three Payment Amount, shall be due on July <br />28, 2008. Thereafter, such rentals shall be payable in advance in semi-annual <br />installments on January 28 and July 28 of each year as provided for in the lease <br />payment schedule attached hereto as Exhibit D(2) (or such lesser amount as a <br />result of the Lessee receiving a credit as expressly permitted pursuant to the <br />applicable section of the Additional Trust Agreement as a result of funds on <br />deposit in the Excess Funds Account of the Operation and Reserve Fund which <br />are, when added to the funds on deposit in the Reserve Fund, in excess of the <br />Three Payment Amount). The last semi-annual rental payment due before the <br />expiration of this Lease shall be adjusted to provide for rental at the amount <br />specified above for the applicable semi-annual period prorated from the date such <br />installment is due to the date of the expiration of this Lease (without taking into <br />account any subsequent earlier termination of this Lease pursuant to Section 2 <br />hereof). <br />For purposes of this Lease, rental payments shall be allocable among the Original.. <br />Project, the Additional Project, and the Combined Project as follows: <br />(i) eighty percent (80%) of the amount required to be paid under Section 4(b) <br />hereof shall be allocable to the Additional Project, as reflected on Exhibit <br />D(2); and <br />(ii) the remaining amounts required to be paid under Section 4(b) shall be <br />allocable to the Combined Project as reflected.. in Exhibits D(2). <br />3. Exhibit D(2) of the Lease is amended to read as follows: <br />EXHIBIT D(2) <br />Payment <br />Date <br />BDDBOI 51307>9v i <br />LEASE PAYMENT SCHEDULE <br />FOR ADDITIONAL/COMBINED PROJECT <br />Total Amount of Lease Amount of-Lease <br />Lease Payment Payment Allocable Payment Allocable <br />-2- <br />
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