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3 <br />SECTION 6. The Commission hereby approves and recommends to the Common <br />Council the terms of the following documents in the form presented at this meeting: (i) a Trust <br />Indenture between the City and a trustee to be selected (with a form of the Bonds therein); (ii) a <br />Financing and Loan Agreement between the City and the Developer; and (iii) an Ordinance of the <br />Common Council. <br />SECTION 7. Any officer of the Commission is hereby authorized and directed, in the <br />name and on behalf of the Commission, to execute any and all other agreements, documents and <br />instruments, perform any and all acts, approve any and all matters, and do any and all other things <br />deemed by them, or any of them, to be necessary or desirable in order to carry out and comply <br />with the intent, conditions and purposes of this resolution (including the preambles hereto and the <br />documents mentioned herein), the Project and the issuance and sale of the Bonds, and any such <br />execution, performance, approval or doing of other things heretofore effected be, and hereby is, <br />ratified and approved. <br />SECTION 8. The Secretary of this Commission shall transmit this resolution, together <br />with the forms of the documents approved by this resolution, to the Common Council. <br />SECTION 9. This resolution shall be in full force and effect upon adoption. <br /> <br />Adopted this 5th day of February, 2026. <br /> SOUTH BEND ECONOMIC <br />DEVELOPMENT COMMISSION <br /> <br /> <br /> ____________________________________ <br />President <br /> <br /> <br /> <br /> <br />ATTEST: <br /> <br /> <br /> <br /> <br /> <br />Secretary <br /> <br /> <br /> <br /> <br /> <br /> <br />DMS 50555279