No. 2317 approving an amendment to the Declaration of Protective and Restrictive Covenants of the Blackthorn Corporate Center and Blackthorn Center Development Guidelines

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r~ t RESOLUTION NO. 2317 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AN AMENDMENT TO THE DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS OF THE BLACKTHORN CORPORATE CENTER AND BLACKTHORN CORPORATE CENTER DEVELOPMENT GUIDELINES WHEREAS, the South Bend Redevelopment Authority (the "Authority") has been created pursuant to Ind. Code § 36-7-14.5 as a separate body, corporate and politic, and as an instrumentality of the City of South Bend, Indiana (the "City") to finance local public improvements for lease to the South Bend Redevelopment Commission (the "Commission") on behalf of the City of South Bend, Indiana, Department of Redevelopment; and WHEREAS, the Commission is the owner of certain real property situation in northwest St. Joseph County, Indiana, more commonly known as the Blackthorn Corporate Center (the "Office Park"); and WHEREAS, the Authority further owns property in the Office Park and leases said property to the Commission; and WHEREAS, the Commission, in conjunction with the Authority, intends to maintain the Office Park as afirst-class, planned business campus, composed of corporate office; support • office and research, and general business uses and associated facilities; and WHEREAS, to ensure that the Office Park will be maintained as an attractive campus- like setting for businesses, with ample landscaping areas, attractive high quality structures, proper and desirable uses, and appropriate development; to protect against undesirable uses, to guard against the construction of improvements built of improper materials or design; to encourage the construction of attractive improvements in appropriate locations; to prevent hazardous and inharmonious development of the Office Park; to secure and maintain proper setbacks and adequate free spaces between structures; and generally to provide a high type and quality of development at the Office Park, to have prepare certain covenants and restrictions for the Office Park; and WHEREAS, the Declaration of Protective Covenants & Restrictions of the Blackthorn Corporate Center and Blackthorn Corporate Center Development Guidelines were established jointly by the Authority pursuant to Resolution 73, recorded as Instrument No. 9322505 and by Resolution No. 1147 of the Commission recorded as Instrument No. 9324608, which were subsequently amended by (i) an Addendum to the Declaration of Protective Covenants and Restrictions of Blackthorn Corporate Center jointly approved by Authority Resolution No. 87 adopted on March 17, 1994 and recorded as Instrument No. 9408339 and by Commission Resolution No. 1232 adopted on February 18, 1994 and recorded as Instrument No. 9410875; (ii) an Addendum to the Declaration of Protective Covenants and Restrictions of Blackthorn Corporate Center approved by Authority Resolution 98 adopted on June 7, 1995 and recorded as Instrument No. 9520537 and by Commission Resolution No. 1361 adopted on June 16, 1995