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REGULAR MEETING
<br />JULY 13, 1992
<br />WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works
<br />of the City of South Bend (the "Board") has custody of and may
<br />maintain all real property of the City of South Bend; and
<br />WHEREAS, pursuant to I.C. 36-1-11-8, the City of South
<br />acting by and through the Board, may exchange or transfer
<br />property with another governmental entity upon terms and
<br />conditions agreed upon by the two (2) entities as evidenced
<br />the adoption of substantially identical resolutions of each
<br />entity; and
<br />Bend,
<br />by
<br />WHEREAS, the Commission has agreed to sublease the Real
<br />Property to the City of South Bend, and the City of South Bend,
<br />acting by and through the Board, has agreed to sublease the Real
<br />Property from the Commission under the terms and conditions of a
<br />sublease containing terms and conditions which are substantially
<br />similar to those embodied in the Lease, with the exception that
<br />the rent paid by the City to the Commission pursuant to said
<br />sublease shall be nominal in amount.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS
<br />OF THE CITY OF SOUTH BEND AS FOLLOWS:
<br />1. That the sublease of the following described real
<br />property by the South Bend Redevelopment Commission to the City
<br />of South Bend, acting by and through its Board of Public Works:
<br />A parcel of land in the West Half of the Southeast
<br />Quarter of Section 12, Township 37 North, Range 2
<br />East, City of South Bend, Portage Township, St.
<br />Joseph County, Indiana, being part of Lot 14 and 21
<br />of John Rush's lst Addition, as recorded in Book 2,
<br />Page 53, at the St. Joseph County Recorder's Office
<br />in South Bend, Indiana, and described as follows:
<br />Commencing at the Northwest corner of Lot 11, also
<br />being the East right-of-way line of Rush Street and
<br />the South right-of-way line of a 12.50 foot alley;
<br />thence North 89°41'40" East (bearing assumed),
<br />165.00 feet along said South right-of-way line;
<br />thence South 00*01'54" East, 94.53 feet; thence
<br />North 89°41'40" East, 35.00 feet to the Point of
<br />Beginning; thence continuing North 89°41140" East,
<br />38.79 feet; thence South 00'01'54" East, 71.74 feet
<br />to the North right-of-way line of South Street;
<br />thence South 89'41'40" West, 38.79 feet along said
<br />North right-of-way line; thence North 00'01'54"
<br />West, 71.47 feet to the Point of Beginning and
<br />containing 0.0636 acres, more or less, and is
<br />subject to all easements, restrictions and or
<br />covenants of record. Commonly known as 701 East
<br />South Street (the "Real Property")
<br />under terms and conditions that are substantially similar to
<br />those embodied in the Lease, shall be, and hereby is, approved,
<br />subject to the approval of the South Bend Redevelopment
<br />Authority.
<br />2. That the sub -lease, a true and complete copy of which is
<br />attached hereto, and containing terms and conditions which are
<br />substantially similar to those embodied in the Lease, with the
<br />exception that the rent paid by the City to the Commission shall
<br />be nominal in amount, shall be, and hereby is approved and
<br />ordered executed.
<br />3. That this Resolution shall be in full force and effect
<br />upon its adoption.
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